U  B 

373 


UC-NRLF 


LIBRARY 

OF   THE 

UNIVERSITY  OF  CALIFORNIA 

GIRT  OF" 


Received 
Accession  No.  */<£  0  7£>   ^ 


A  TREATISE 


PEACTICE  OF  THE  PENSION  BUREAU 


GOVERNING  THE 


ADJUDICATION  OF  ARMY  AND  NAVY  PENSIONS. 


Compiled  by  order  of 
THE  COMMISSIONER  OF  PENSIONS 

Under  the  authority  of 
THE  SECRETARY  OF  THE  INTERIOR. 


WASHINGTON : 

GOVERNMENT   PRINTING   OFFICE. 
1898. 


A  TREATISE 


PRACTICE  OF  THE  PENSION  BUREAU 


GOVERNING  THE 


ADJUDICATION  OF  ARMY  AND  NAVY  PENSIONS. 


Compiled  by  order  of 
THE  COMMISSIONER  OF  PENSIONS 

Under  the  authority  of 
THE  SECRETARY  OF  THE  INTERIOR. 


WASHINGTON  : 

GOVERNMENT   PRINTING   OFFICE. 
1898. 


DEPARTMENT  OF  THE  INTERIOR, 

Washington,  April  9, 1898. 

SIR:  I  have  approved,  and  return  herewith,  the  Trea- 
tise on  the  Practice  of  the  Pension  Bureau,  which  was 
submitted  by  you  personally-  for  my  consideration. 
Very  respectfully, 

C.  N.  BLISS, 

Secretary. 
The  COMMISSIONER  OF  PENSIONS. 

3 


TABLE  OF  CONTENTS. 


Page. 

Accrued  pension 119 

Adverse  records 48 

Adverse  War  Department  reports 50 

Amendments  to  declarations,  invalid  pension,  general  law 10 

Army  nurses 91 

Briefing  claims  for  invalid  pensions 36 

Briefing  claims  of  widows 61 

Briefing  claims  of  minors  for  pension  under  general  law 65 

Briefing  claims  of  dependent  relatives 77 

Briefing  claims  for  invalid  pensions,  act  of  June  27,  1890 (104 

Celibacy  of  soldier 70 

Character  and  amount  of  evidence  required  to  establish  claims 

for  pension 12 

Claims  for  disabilities  contracted  while  prisoners  of  war 32 

Claims  for  injuries 33 

Claims  for  restoration  and  renewal  of  invalid  pensions  under 

the  general  law 44 

Claims  for  increase  on  account  of  new  disabilities 45 

Claims  of  widows  for  pension  under  the  general  law 51 

Claims  of  minors  for  pension  under  the  general  law 63 

Claims  of  dependent  relatives  for  pension  under  general  law 68 

Claims  of  dependent  fathers  under  general  law 74 

Claims  for  pension  of  dependent  brothers  and  sisters 76 

Claims  for  pensions  of  invalids,  disabled  in  Mexican  war,  and 

their  widows  and  minors 87 

Claims  for  increase,  act  of  June  27,  1890 

Claims  of  widows  under  act  of  June  27,  1890 

Claims  on  account  of  minors  under  act  of  June  27,  1890 

Claims  of  dependent  parents,  act  of  June  27,  1890 ^5, 

Classification  of  diseases,  and  evidence  in  claims  not  of  record.  26 
Commencement  of  widows'  pension  and  increase  of  pension 

under  the  general  law 59 

Commencement  of  minors'  pension  under  general  law 66 

Contributions  by  soldier 73 

i 


II  TABLE    OF    CONTENTS. 

Page. 

Course  of  procedure 6 

Declaration  for  invalid  pension,  general  law 9 

Declaration  of  a  widow  for  original  pension  under  the  general 

law 52 

Declaration  for  pension  of  a  mother 69 

Dependence  of  colored  persons 75 

Diseases  established  on  the  record 26 

Duplicate  calls  for  evidence 16 

Evidence  in  claims  for  diseases  of  record 22 

Facts  necessary  to  establish  an  invalid  claim  under  the  general 

law 10 

General  instructions 117 

Increase  of  invalid  pensions  under  the  general  law 40 

Indian  wars 89 

Insane,  idiotic,  or  otherwise  permanently  helpless  minors 

Invalid  claims  under  act  of  June  27,  1890 

Jacket  entries  by  examiners 

Lawful  widow 56 

Legal  bar  to  marriage 5f> 

Legal  review  of  invalid  claims,  general  law 37 

Legal  and  medical  review  of  claims  for  increase  of  pensions, 

general  law 42 

Legal  and  medical  review  of  widows'  claims  under  the  general 

law 62 

Legal  and  medical  review  of  claims  of  minors  for  pension  under 

general  law 68 

Legal  and  medical  review  of  claims  of  dependent  relatives 77 

Legal  and  medical  review  of  invalid  claims  under  act  of  June  /~~T 

27,  1890 (Wj 

Lino   of  duty 11 

Medical  review  of  claims  for  invalid  pensions,  general  law,  and 

medical  examinations 39 

Mexican  war,  service  pensions 90 

Navy  pensions 83 

Pathological  sequences  of  diseases 24 

Pensions  on  account  of  service  in  Regular  Army 82 

Pensions  to  invalids  disabled  in  service  prior  to  March  4,  1861, 

and  to  the  widows  and  minors  of  such  soldiers  and  sailors 86 

Pensionable  service 99 

Physical  disabilities  of  father 72 

Proof  in  gunshot  wound  cases 18 

Proof  in  cases  of  accidental  wounds 20 

Proof  of  origin 28 


TABLE    OF    CONTENTS.  Ill 

Page. 

Proof  of  continuance 29 

Proof  in  claims  for  diseases  not  obscure  and  not  of  record 31 

Proof  in  claims  for  hernia  and  varicocele 34 

Proof  in  claims  of  widows  for  original  pension  under  the  gen- 
eral law 52 

Proof  of  marriage 54 

Proof  of  birth  of  minors 60 

Proof  in  claims  of  dependent  mothers  under  general  law 70 

Proof  of  dependence,  general  law 71 

Proof  of  dependence  in  claims  of  widows  under  act  of  June  27, 

1890 

Eating  of  approved  claims 47 

Eeopeniug  rejected  claims 121 

Keports  from  the  War  Department 17 

Berating  of  claims  for  invalid  pension 46 

Restoration,  renewal,  and  reissue,  act  June  27, 1890 (JLOJ 

Special  examination  of  claims  for  pension 78 

Survivors  of  the  war  of  1812  and  their  widows 88 

Table  of  rates 122 

Vicious  habits 98 

What  constitutes  dependence _  70 

Where  soldier  has  filed  an  application 57 

Widows  of  pensioners 58 

Witnesses,  and  the  officers  before  whom  evidence  maybe  verified .  13 

Wounds  and  injuries  not  of  record 35 


OF  THE 

UNIVERSITY 


A  TREATISE 

OX  THE 

PRACTICE  OP  THE  PENSION  BUREAU. 


DEPARTMENT  OF  THE  INTERIOR, 

PENSION  BUREAU. 

In  tl\Q  adjudication  of  claims  for  pensions  there  is  an 
unwritten  practice  with  which  all  who  perform  a  part  in 
the  settlement  of  claims  should  be  familiar.  This  unwritten 
code  is  the  result  of  the  experience  of  different  administra- 
tions; therefore,  it  has  been  carefully  considered  from  time 
to  time  by  those  whose  ability  and  experience  qualified 
them  to  establish  the  practice  herein  formulated,  the  result 
of  which  is  entitled  to  respect. 

To  reduce  such  unwritten  practice  to  writing  is  the 
chief  object  of  this  treatise.  As  the  unwritten  practice  is 
founded  upon  the  laws,  decisions,  rulings  and  orders,  a 
part  of  the  written  law  must  therefore  of  necessity  be 

embodied  herein. 

5 


PRACTICE  OF  THE  PENSION  BUREAU. 


COURSE  OF  PROCEDURE. 

1.  On  the  filing  of  a  claim  it  is  stamped  in  the  Mail  Divi- 
sion with  the  date  of  its  receipt.    The  receipt  of  increase 
claims,  and  of  original  claims  when  accompanied  by  evi- 
dence, is  acknowledged  by  the  Mail  Division. 

2.  All  claims  are  sent  by  the  Mail  Division  to  the  Eecord 
Division,  where  they  are  examined  as  to  the  formality  of 
the  declaration  and  attorneyship.     If  the  declaration  is 
formal  in  all  particulars,  the  standing  of  the  attorney  is 
properly  indorsed  thereon,  and  a  search  is  then  made  to 
ascertain  whether  a  prior  claim  has  been  filed.     If  not,  it 
is  jacketed,  numbered  and  recorded  in  the  State  service 
records  and  also  in  the  three-letter  combination  book.    In 
original  claims  a  notification  card  is  sent  to  the  attorney, 
whether  it  is  a  duplicate  or  not,  and  if  not  a  duplicate,  a 
notification  card  is  also  sent  to  the  claimant.     The  applica- 
tions are  then  sent  to  the  divisions  to  which  they  belong. 

If  the  declaration  is  found  to  be  informal  in  any  par- 
ticular, and  the  informality  is  of  such  a  character  as  to 
affect  its  validity,  it  is  returned  to  the  attorney  or  claimant 
with  a  letter  indicating  the  nature  of  the  informality  for 
correction. 

All  claims  based  upon  service  prior  to  March  4,  1861, 
and  Navy  claims  are  sent  to  the  Old  War  and  Xavy 
Division,  where  they  are  jacketed  and  recorded. 

3.  The  first  action  to  be  taken  by  an  adjudicating  divi- 
sion is  to  determine  whether  the  allegations  contained  in  the 
declaration  are  sufficient,  if  sustained,  to  constitute  a  claim 
for  pension.    It  is  all  important  that  it  contains  a  clear  and 
intelligent  description  of  all  disabilities  for  which  pension  is 
claimed  and  the  manner  in  which  the  same  were  contracted. 

If  sufficient,  the  proper  call  will  at  once  be  made  on  the 
War  Department,  and  upon  receipt  of  the  report,  the 
invalid  claimant  will  be  ordered  for  medical  examination, 
and  a  call  will  be  made,  through  the  attorney,  for  all  the 


PRACTICE    OF    THE    PENSION    BUREAU.  7 

evidence  necessary  to  complete  the  claim,  thereby  notify- 
ing him  that  the  Bureau  is  ready  to  consider  the  case  and 
the  evidence  thereafter  filed.  The  examiner  will  briefly 
and  plainly  note  on  the  jacket  the  date  and  nature  of  all 
calls  made  by  him. 

4.  When  the  evidence  is  complete,  the  examiner  shall 
prepare  the  case  and  submit  it  for  admission  or  rejection. 
The  chief  of  the  division  will  then  send  such  adjudicated 
case  to  the  Board  of  Review,  and  unless  the  case  is  sent 
back  to  him  as  improperly  submitted,  his  connection  with 
such  claim  shall  then  cease. 

The  sole  function  of  the  Board  of  Review  is  to  treat 
cases  judicially,  upon  the  papers,  and  after  a  finding  upon 
the  law  and  the  facts,  cases  requiring  medical  action  will 
be  referred  to  the  medical  referee  for  his  decision  upon  the 
medical  questions  involved,  based  upon  such  finding. 

The  Board  of  Review  will  review  such  adjudication  and 
return  to  the  chief  of  the  proper  division  all  claims 
improperly  submitted,  and  such  as  are  rejected.  All 
admitted  cases,  after  medical  review,  will  be  sent  forward 
to  the  raters  for  completion  of  brief  and  the  issuance  of 
certificates. 

The  Certificate  Division  will  make  proper  record,  have 
certificate,  order  to  inscribe,  and  the  proper  notices  made 
and  sent  without  delay. 

5.  Should  an  appeal  to  the  Secretary  be  taken  from  an 
adverse  decision  of  this  Bureau,  such  appeal,  when  referred 
by  the  Secretary  for  report,  will  be  sent  to  the  chief  of  the 
Board   of  Review,    who    will    have    the  claim  carefully 
reviewed,  and  if  the  rejection  was  in  all  respects  proper 
and  warranted  by  the  evidence,  he  will  transmit  the  papers 
in  the  case  to  the  Secretary,  with  a  report  setting  forth  the 
reasons  for  such  action. 

If  in  the  judgment  of  the  chief  of  the  Board  of  Review 
the  rejection  was  not  warranted  by  the  facts  shown  in  evi- 
dence, and  the  claim  should  be  allowed,  or  reopened  for 
further  evidence,  he  will  so  advise  the  Secretary,  suggest- 


8       PRACTICE  OF  THE  PENSION  BUREAU. 

ing  that  the  appeal  be  dismissed,  and  return  the  papers  to 
the  adjudicating  division  for  proper  action,  indicating  what 
such  action  should  be.  If  the  claim  was  rejected  on  med- 
ical grounds,  the  case  should  be  referred  by  the  chief  of 
the  Board  of  Eeviewtothe  medical  referee  for  his  personal 
consideration,  and  if  the  medical  referee  expresses  the 
opinion  that  the  rejection  should  be  set  aside,  the  same 
course  will  be  taken  as  that  already  indicated. 

If  additional  evidence  is  filed  by  the  claimant  with  a 
view  of  reopening  his  claim,  the  same  will  be  carefully 
examined  by  the  proper  adjudicating  division  or  by  the 
medical  referee,  as  the  case  may  be,  and  if  in  the  opinion 
of  the  chief  of  said  division  or  of  the  medical  referee  the 
evidence  so  furnished  is  not  sufficient  to  reopen  the  case, 
a  full  type-written  statement  should  be  prepared  and 
attached  to  the  brief  giving  the  reasons  for  such  decision. 

Under  rule  8  of  the  Rules  of  Practice,  established  by  the 
Secretary,  no  claim,  the  rejection  whereof  has  been  affirmed 
by  the  Secretary,  shall  be  reopened  without  his  approval. 
To  that  end,  whenever  new  and  material  evidence  shall 
have  been  filed,  the  case  may,  on  the  report  of  the  Com- 
missioner, with  his  opinion,  be  again  submitted  to  the  Sec- 
retary for  action. 

Under  this  rule  the  chief  of  the  adjudicating  division  or 
the  medical  referee,  as  the  case  may  be,  will  cause  a  care- 
ful examination  to  be  made  of  the  evidence,  and  if  in  the 
judgment  of  such  chief  it  is  not  sufficient  to  warrant  the 
reopening  of  the  case,  a  statement  to  that  effect,  giving 
reasons  therefor,  will  be  prepared  and  attached  to  the  brief. 

If  the  evidence  is  sufficient  to  reopen  the  claim,  the  case 
should  be  submitted  to  the  chief  of  the  Board  of  Review 
for  the  action  indicated  in  rule  8. 

If  the  action  of  the  Bureau  is  reversed  by  the  Secretary, 
the  case  will  be  sent  to  the  proper  adjudicating  division 
for  prompt  action  in  accordance  with  such  decision. 

G.  In  all  cases  submitted  for  review,  the  brief  shall  be 
prepared  by  the  examiner  in  accordance  with  the  forms 


PRACTICE  OP  THE  PENSION  BUREAU.        9 

heretofore  promulgated,  and  care  should  be  taken  by  him 
to  have  the  papers  properly  arranged  in  the  order  indicated, 
and  the  face  brief  should  show  clearly  and  correctly,  with- 
out any  erasures  or  interlineations,  all  the  data  required  in 
the  issuance  of  the  certificate,  and  the  preparation  of  the 
necessary  orders  and  notices. 

DECLARATION  FOR   INVALID   PENSION. 

1.  Under  the  act  of  July  1,  1890,  declarations  may  be 
executed  before  any  officer  authorized  to  administer  oaths 
for  general  purposes  in  the  State,  city,  or  county  where 
said  officer  resides. 

If  executed  in  a  foreign  country  they  may  be  made  before 
a  United  States  minister,  consul,  or  other  consular  officer, 
or  before  some  officer  of  the  country  duly  authorized  to 
administer  oaths  for  general  purposes,  and  whose  official 
character  and  signature  shall  be  duly  authenticated  by  the 
certificate  of  a  United  States  minister,  or  consul,  or  other 
consular  officer.  Declarations  in  claims  of  Indians  may  be 
made  before  a  United  States  Indian  agent. 

For  further  explanation  as  to  the  verification  of  officers 
before  whom  declarations  may  be  made,  see  joint  resolution 
of  September  1?  1890,  amending  and  construing  the  act  of 
July  1,  1890. 

2.  In  examining  a  declaration  for  an  original  invalid 
pension  to  determine  its  sufficiency,  the  following  points 
must  be  considered: 

(a)  Whether  executed  before  the  proper  officer. 

(1)}  Identifying  witnesses,  and  in  addition  to  the  formal 
parts,  the  facts  in  regard  to  the  following  points  must  be 
covered  by  allegation : 

(c)  All  service  rendered  by  claimant. 

(d)  Personal  description. 

(e)  Description  of  disability  or  disabilities  claimed,  the 
facts  connected  therewith,  and  incurrence  thereof. 

(/)  Hospital  treatment. 

(g)  Residence  and  occupation  since  leaving  the  service. 


10       PRACTICE  OF  THE  PENSION  BUREAU. 

(h)  Extent  of  disability  claimed  with  regard  to  perform- 
ing manual  labor. 

AMENDMENTS   TO   DECLARATION. 

1.  To  be  received  as  sufficient  to  fix  date  of  commence- 
ment of  pension,  it  is  not  required  that  a  declaration  con- 
tain all  of  the  above  statements,  but  if  in  any  other  form, 
it  can  not  be  said  to  be  complete.    In  office  parlance,  a 
declaration  is  said  to  be  formal  when  executed  before  the 
proper  officer,  and  hence  informal  when  not  so  executed. 

2.  A  formal  declaration  which  contains  some  descrip- 
tion of  the  disability  for  which  pension  is  claimed  may  be 
amended  by  affidavit,  but  if  a  new  disability  is  claimed  in 
the  affidavit,  the  pension  for  same,  if  allowed,  must  com- 
mence at  the  date  of  filing  such  affidavit,  if  filed  since 
June  30,  1880. 

3.  Great  care  should  be  taken  by  the  examiner  to  observe 
whether  the  evidence  filed  by  the  claimant  in  a  case  from 
time  to  time  supports  the  disability  alleged  in  the  declara- 
tion.    Often  one  disability  is  alleged  and  a  different  one 
proven.    This  may  occur  for  various  reasons,  and  for  such 
as  should  not  prejudice  the  case.     Claimants  and  their 
agents  are  not  often  physicians,  aud  may  give  an  improper 
diagnosis  of  their  cases.     A  certain  disability  may  be 
described   and  called  by  an  incorrect  name,  which  fact 
should  not  militate  against  a  case.     Often  in  such  cases 
no  change  is  required  in  the  declaration.    Again,  it  may 
be  necessary  to  modify  the  declaration  in  accordance  with 
the  facts  established ;  in  such  cases  the  claimant's  interest 
should  be  carefully  guarded  and  he  promptly  notified. 

FACTS     NECESSARY    TO     ESTABLISH    AN     INVALID    CLAIM 
UNDER   THE    GENERAL   LAW. 

1.  A  sufficient  declaration  being  on  file  for  an  invalid 
claim,  to  establish  the  same  it  must  be  proven  by  compe- 
tent and  satisfactory  evidence : 


PRACTICE  OF  THE  PENSION  BUREAU.       11 

(a)  That  the  claimant  was  an  enlisted  soldier  or  sailor  in 
the  Army  or  Navy  of  the  United  States  or  of  that  class  of 
persons  mentioned  in  section  4693  of  the  Kevised  Statutes. 

(b)  That  such  soldier  or  sailor  contracted  an  injury  or 
disability  in  said  service  and  in  the  line  of  duty. 

LINE   OF   DUTY. 

1.  To  obtain  a  pension  the  claimant  is  required  to  show, 
in  addition  to  the  fact  that  he  received  an  injury  or  disa- 
bility while  in  the  service,  that  the  same  was  received  in 
the  line  of  duty.    It  is  therefore  necessary  to  have  some 
understanding  as  to  what  is  meant  by  "line  of  duty77  to 
enable  one  to  have  a  proper  understanding  of  the  proof 
required  to  establish  a  claim. 

2.  "  Line  of  duty"  is  a  technical  phrase,  which  is  denned 
in  the  administration  of  the  pension  laws  as  that  relation 
which  a  soldier  or  sailor  sustains  to  the  military  or  naval 
service  of  the  United  States  when  performing  an  act  con- 
nected with  any  of  the  possible  conditions  or  requirements 
of  the  service,  or  in  the  observance  of  the  proper  orders 
of  his  superiors,  not  in  violation  of  the    army  or  naval 
regulations. 

3.  A  few  observations  will  be  sufficient  to  illustrate  all 
that  is  necessary  to  be  said  on  this  subject  in  a  work  like 
this.    A  soldier  may  be  in  the  line  of  duty  in  general, 
but  not  actually,  at  the  time  he  contracts  his  disability. 
For  instance,  he  may  be  in  action  and  instantly  cease  to 
perform  his  duty  and  shoot  himself  purposely.     He  may  be 
in  camp  and  provoke  a  quarrel  with  another  and  in  the 
contest  receive  an  injury ;  incur  a  disability  while  on  leave 
to  attend  to  private  business;  or  receive  an  injury  through 
gross  carelessness  in  handling  his  weapon,  or  while  forag- 
ing without  orders. 

4.  Such  injuries  or  disabilities,  though  received  while  the 
soldier  was  in  the  service,  but  not  in  line  of  duty,  are  not 
pensionable.     Therefore,  to  give  title  to  pension  the  claim- 
ant must  prove  that  he  received  an  injury  or  disability 


12  PRACTICE    OF    THE    PENSION    BUREAU. 

while  in  the  service,  and  the  facts  connected  with  the  in- 
currence  thereof  must  also  be  made  to  appear,  that  it  may 
thus  be  determined  whether  the  same  was  received  in  line 
of  duty. 

THE    CHARACTER  AND   AMOUNT   OF   EVIDENCE   REQUIRED 
TO   ESTABLISH   CLAIMS   FOR   PENSION. 

1.  A  claim  for  pension  maybe  proved  by  record  evidence 
only,  or  by  record  and  parol  evidence,  but  never  by  parol 
evidence  alone.     The  reports  of  the  War  Department  and 
certificates  of   disability   constitute  what    is   called  the 
"  record." 

2.  Unless  the  soldier  was  discharged  for  disability,  no 
certificate  thereof  exists  in  his  case,  and  unless  he  received 
treatment,  no  report  showing  treatment  can  be  had  from 
the  War  Department;  but  in  every  case  there  must  be  a 
fall  report  from  the  War  Department  to  show  the  service 
of  the   soldier.     In  cases  based  upon  service  in  certain 
militia  organizations,  when  no  record  of  their  service  is  on 
file  in  the  War  Department,  reports  will  be  obtained  from 
the  Auditor  for  the  Interior  Department,  Treasury  Depart- 
ment, which  are  accepted  as  sufficient  to  show  enlistment, 
service,  and  discharge  of  a  soldier. 

3.  Parol  evidence  is  testimony  of  any  character,  other 
than  record,  tending  to  establish  a  claim.     It  is  divided 
into  medical  and  lay.     Medical  evidence  is  the  testimony 
of  physicians  upon  medical  questions.     Lay  evidence  is  all 
other  parol  evidence. 

4.  In  the  absence  of  record  evidence,  origin  of  alleged 
disabilities  in  service  and  line  of  duty  may  be  proved  by 
parol,  and  in  some  cases  even  by  lay  evidence,  if  it  be  first 
shown  that  medical  evidence  can  not  be  had.     The  char- 
acter of  evidence  necessary  to  establish  the  different  classes 
of  claims,  and  the  rules  governing  the  sufficiency  of  the 
same  will  be  hereafter  considered  in  detail. 

5.  As  to  the  amount  of  evidence  necessary  to  establish 
any  given  claim  only  general  rules  will  be  stated ;  therefore, 


PRACTICE  OF  THE  PENSION  BUREAU.       13 

when  it  is  hereafter  stated  that  the  testimony  of  a  certain 
number  of  witnesses  will  establish  a  specific  point,  it  must 
always  be  understood  that  the  rule  is  given  upon  the  pre- 
sumption that  nothing  adverse  to  the  claim  appears  in  the 
case,  that  the  affidavits  of  the  witnesses  are  full  and  speci- 
fic, and  the  testimony  in  all  respects  is  in  accordance  with 
the  office  requirements. 

A  doubt  may  arise  in  regard  to  the  merits  of  a  case, 
and  a  large  number  of  affidavits  be  filed,  all  of  which  may 
not  prove  the  claim.  Let  it  then  be  remembered  that  the 
statements  in  regard  to  the  sufficiency  of  parol  evidence 
are  made  with  the  qualifications  stated. 

WITNESSES,  AND  THE  OFFICERS  BEFORE  WHOM  EVIDENCE 
MAY  BE   VERIFIED. 

1.  An  affidavit  to  be  complete  should  show  what  relation 
the  witness  sustains  or  sustained  to  the  claimant;  that  is, 
whether  physician,  neighbor,  employer,  commissioned  offi- 
cer, or  comrade. 

2.  Every  witness  should  state  whether  he  is  directly  or 
indirectly  interested  in  the  prosecution  of  the  claim  in 
which  his  testimony  is  given.     It  should  always  be  shown 
whether  a  witness  testified  from  personal  knowledge  or  not; 
if  so,  it  should  appear  that  he  possessed  such  knowledge, 
and  he  should  state  his  means  of  information. 

3.  Joint  affidavits  are  objectionable,  for  the  reason  that 
a   witness  should  not  merely  confirm  the   statement  of 
other  parties,  but  each  witness  should  make  a  separate, 
specific,  detailed  statement  of  the  facts  to  which  he  testifies. 

4.  Testimony  to  have  the  greatest  weight  should  be  in 
the  handwriting  of  the  witness,  and  should  be  free  from 
interlineations ;  if  material  interlineations  have  been  made, 
the  officer  before  whom  such  testimony  is  executed  should 
certify  that  they  were  made  before  signing. 

5.  It  is  important  that  claims  for  pension  be  established 
by  witnesses  who  are  not  relatives  of  claimants,  but  testi- 
mony of  relatives  who  are  disinterested  will  be  accepted. 


14  PRACTICE    OF    THE    PENSION    BUREAU. 

G.  The  official  certificate  of  officers  using  a  seal,  or  of 
commissioned  officers  of  the  Army  or  Navy  in  actual  service, 
will  be  accepted  without  affidavit,  and  the  testimony  of 
examining  surgeons  of  the  Pension  Bureau  need  not  be 
sworn  to,  unless  the  title  to  pension  in  doubtful  cases  rests 
on  their  evidence  alone,  when  its  execution  before  a  proper 
officer  may  be  required. 

7.  All  testimony  must  be  executed  before  an  officer  author- 
ized to  administer  oaths  for  general  purposes.    Testimony 
executed  before  an  officer  who  is  interested  in  the  prosecu- 
tion of  the  claim  will  not  be  accepted.     If  such  testimony 
is  executed  before  the  attorney  of  record,  it  may  be  ac- 
cepted, but  the  attorney  will  no  longer  be  recognized  in 
said  case,  and  he  should  be  so  informed. 

8.  The  officer  before  whom  testimony  is  executed  should 
certify  as  to  the  credibility  of  the  witnesses  in  his  own 
handwriting  in  the  jurat,  and  if  they  sign  by  mark,  he 
should  certify  that  their  testimony  was  read  to  them  and 
the  contents  fully  made  known  to  them  before  their  oath 
thereto  was  administered. 

9.  All  evidence  duly  executed  before  a  notary  public 
within  the  jurisdiction  of  the  United  States  and  authenti- 
cated by  the  official  seal  of  said  notary  shall  be  accepted 
without  further  verification,  whether  or  not  said  notary  is 
required  by  the  laws  of  his  State  to  use  an  official  seal. 

Evidence  executed  before  an  officer  (other  than  a  notary 
public)  who  is  not  required  to  use  an  official  seal  shall  be 
accepted ;  provided  that  a  proper  certificate  of  the  official 
character  of  such  officer  shall  be  filed  in  this  Bureau  show- 
ing his  authority  at  the  time  such  papers  purport  execution 
before  him ;  and  provided  further  that  an  official  seal  used 
by  such  an  officer  shall  not  be  accepted  in  lieu  of  said 
certificate. 

Papers  executed  before  an  officer  who  is  required  by  law 
to  use  a  seal,  and  which  are  authenticated  by  such  seal, 
shall  be  accepted  without  further  verification. 

Papers  executed  before  an  officer  required  by  law  to  use 
a  seal  and  which  are  not  authenticated  by  the  seal  of  such 


PRACTICE  OF  THE  PENSION  BUREAU.       15 

officer,  as  required  by  law,  shall  be  accepted:  provided 
that  a  proper  certificate  shall  be  filed  in  this  Bureau  show- 
ing the  authority  of  such  officer  on  the  date  such  papers 
purport  execution  before  him. 

Papers  executed  before  a  clerk  of  a  court  of  record  and 
not  authenticated  by  the  seal  of  said  court,  as  required  by 
law,  shall  be  accepted ;  provided  that  there  shall  be  filed 
in  this  Bureau  a  certificate  of  the  official  character  of  such 
clerk  (which  may  be  under  his  own  signature  and  seal), 
which  shall  be  attached  to  the  papers  in  question. 

Papers  executed  before  an  officer  outside  of  the  jurisdic- 
tion of  the  United  States  shall  be  accepted  $  provided  that 
there  shall  be  filed  in  this  Bureau  a  certificate  under  the 
hand  and  official  seal  of  a  United  States  minister,  consul, 
or  other  consular  officer,  showing  the  authority  of  such 
officer  on  the  date  when  said  papers  purport  execution 
before  him. 

Certificates  of  official  character-  showing  the  authority  of 
officers  within  the  jurisdiction  of  the  United  States  shall 
be  under  the  hand  and  official  seal  of  a  clerk  of  a  court  of 
record  or  other  proper  officer  of  the  State  or  Territory. 

No  certificate  of  official  character  shall  be  accepted  by 
this  Bureau  to  show  the  authority  of  an  officer  unless  such 
certificate  shows  at  least  the  official  character  and  signa- 
ture of  such  officer,  both  of  which  must  be  certified  by  the 
officer  furnishing  the  certificate. 

Where  a  certificate  of  official  character  is  filed  showing 
the  authority  and  signature  of  an  officer  on  a  date  when 
papers  purport  execution  before  him,  but  which  does  not 
show  his  term  of  office,  such  certificate  must  be  attached 
to  the  papers  in  question,  and  will  be  accepted  to  show  his 
authority  to  execute  said  papers. 

Where  a  certificate  of  official  character  is  filed  in  this 
Bureau  which  shall  show  the  official  character,  signature, 
and  term  of  office  of  a  magistrate,  certified  under  the  hand 
and  seal  of  a  proper  officer,  such  certificate  shall  be  filed 
in  the  Eecord  Division  for  general  reference ;  and  all  papers 


16       PRACTICE  OF  THE  PENSION  BUREAU. 

duly  executed  before  said  magistrate  duriDg  that  term  of 
office  shall  be  accepted  without  further  verification. 

DUPLICATE   CALLS   FOB  EVIDENCE. 

1.  When  a  call  for  evidence  is  made  in  a  case  it  should, 
as  far  as  it  is  possible  to  ascertain  it  at  that  time,  include 
all  that  is  necessary  to  establish  the  claim.    No  call  for 
evidence  should  be  made  from  the  entries  on  the  jacket. 
When  the  evidence  called  for  is  filed,  it  ma}7  not  be  sufficient 
for  a  number  of  reasons.    The  affidavits  may  be  too  general 
in  terms,  or  it  may  be  clear  that  the  affiants  have  no  personal 
knowledge  of  the  facts  stated  therein,  or  they  may  develop 
such  facts  as  to  make  further  inquiry  necessary.    But  the 
original  call  should  not  be  repeated  in  the  same  form. 

2.  If  the  evidence  does  not  cover  the  points,  it  should  be 
stated  wherein  it  is  insufficient.    The  claimant  is  at  all  times 
entitled  to  know  the  exact  condition  of  his  case,  and  when 
a  farther  requirement  is  necessary  a  full  explanation  should 
be  made  showing  why  it  is  necessary,  and  a  good  and  suffi- 
cient reason  given  therefor,  the  substance  of  which  should 
be  briefly  indorsed  on  the  jacket  by  the  examiner. 

JACKET  ENTRIES  BY  EXAMINERS. 

1.  In  all  classes  of  claims  the  entries  on  jackets  containing 
papers  should  be  made  in  a  legible  handwriting,  the  dates 
given,  with  the  initials  of  the  examiner  who  made  the  same, 
and  all  abbreviations  omitted  except  such  as  are  clearly 
intelligible.    Such  entries  should  give  a  full  and  complete 
history  of  every  action  taken  in  the  case  and  the  date 
thereof.    The  numbers  of  the  circulars  should  never  be 
entered  on  the  jacket  for  the  purpose  of  indicating  what 
calls  have  been  made,  but  the  points  to  be  covered  by 
evidence  should  be  clearly  stated. 

2.  When  evidence  is  filed  with  the  papers  the  entry  on 
the  jacket  of  the  call  therefor  should  be  at  once  canceled. 
When  evidence  is  called  for,  the  names  of  the  attorneys 


PRACTICE  OF  THE  PENSION  BUREAU.      17 

through  whom  it  was  made  should  appear,  aud  so  aid 
in  avoiding  mistakes  as  to  their  recognition.  The  entry 
"called  on  attorney"  is  not  complete;  his  name  should  be 
given. 

3.  As  has  been  stated,  no  calls  for  evidence  should  be 
made  and  the  status  of  claims  should  not  be  given  from 
the  entries  on  the  jacket,  for  the  reason  that  the  claim  may 
have  been  in  the  hands  of  different  examiners,  and  the 
jacket  not  properly  indorsed,  or  evidence  may  have  been 
filed  in  the  jacket  without  canceling  the  call  therefor. 

4.  By  a  careful  observance  of  these  rules  mistakes  may 
to  a  great  extent  be  avoided,  and  the  Bureau  not  embar- 
rassed by  examiners  making  calls  for  evidence  already  on 
file,  and  recognizing  attorneys  who  are  not  authorized  to 
act  for  claimants,  and  giving  condition  of  claims  from 
incomplete  and  incorrect  entries  on  jackets.   When  a  jacket 
becomes  so  worn  as  to  be  unfit  for  further  use,  a  new  one 
should  be  supplied,  and  the  old  preserved  for  reference. 

REPORTS  FROM  THE  WAR  DEPARTMENT. 

1.  To  obtain  the  record  evidence  required  in  a  case,  calls 
for  the  same  should  be  made  on  the  War  Department  in 
accordance  with  the  allegations  of  the  declaration,  and 
care  should  be  taken  to  state  in  such  call  all  the  informa- 
tion relative  to  his  military  and  medical  history  furnished 
by  the  claimant. 

2.  Where  it  appears  from  the  report  of  the  War  Depart- 
ment, or  otherwise,  that  the  soldier  was  discharged  on  a 
certificate  of  disability,  the  same  should  be  obtained  and 
applied  to  the  case.     These  certificates  are  issued  in  dupli- 
cate;  one  is  filed  in  the  War  Department  aud  the  other  in 
this  Bureau,  and  ordinarily  no  call  on  the  War  Department 
is  necessary  to  obtain  the  same.     It  may  occur  that  a  cer- 
tificate of  disability  exists  and  no  duplicate  is  filed  in  this 
Bureau  or  in  the  War  Department.    In  such  cases  a  call 

19078 2 


18      PRACTICE  OF  THE  PENSION  BUREAU. 

should  be  made  upon  the  Auditor  for  the  War  Department, 
Treasury  Department,  for  a  copy  of  such  part  of  the  final 
statement  of  the  soldier  as  relates  to  his  disability. 

3.  Since  the  consolidation  of  the  records  on  file  in  the 
War  Department  in  February,  1889,  it  is  often  practicable 
to  obtain  additional  information  relating  to  a  soldier's 
service  and  hospital  treatment,  and  when  the  report  here- 
tofore furnished  by  the  War  Department  was  made  prior 
to  said  consolidation  of  the  records,  another  call  should  be 
made  on  the  War  Department  for  a  military  and  medical 
history  of  the  soldier,  returning  the  reports  now  on  file. 

PROOF   IN   GUNSHOT-WOUND   CASES. 

1.  Where  the  disability  alleged  by  the  soldier  is  a  gun- 
shot wound,  received  in  action  and  line  of  duty,  if  the 
report  of  the  War  Department  shows  the  service  of  the 
soldier  to  be  as  claimed,  and  that  he  was  wounded  in 
action,  or  at  a  place  where  a  battle  is  known  to  have  been 
fought,  and  locates  and  describes  said  wound  or  wounds, 
no  further  evidence  is  required  to  legally  establish  the 
claim,  and  it  is  held  to  be  proven  on  the  record. 

2.  Claimant  should  then  be  ordered  before  such  examin- 
ing board  as  is  most  convenient  for  him  in  regard  to  dis- 
tance and  means  of  travel.     Should  the  board  of  surgeons, 
upon  examination  of  the  soldier,  find  evidence  of  the  wound 
alleged  in  the  declaration  and  shown  by  the  record,  and  a 
disability  therefrom,  the    claim  is  established  and    the 
claimant  is  entitled  to  pension. 

PROOF  IN  GUNSHOT- WOUND  CASES  WHICH  ARE  NOT 
FULLY  ESTABLISHED  BY  THE  RECORDS  OF  THE  AVAR 
DEPARTMENT. 

1.  On  such  records  as  have  been  described,  and  under 
the  circumstances  mentioned,  claims  for  gunshot  wounds 
should  be  accepted  as  proven.  To  this  general  rule  there 
are  exceptions ;  for  instance,  the  record  may  describe  a 


PRACTICE    OF    THE    PENSION    BUREAU.  19 

slight  flesh  wound,  and  the  examining  surgeons  find  evi- 
dence of  a  wound  of  such  a  character  and  resulting  in  a 
disability  which  can  not  be  accepted  as  the  one  described 
in  the  record,  though  answering  in  description,  as  far  as 
location  is  concerned. 

2.  The  soldier's  claim  may  be  a  just  one  and  the  record 
incorrect,  or  it  may  be  that  during  the  years  since  the  war 
the  soldier  has  received  an  additional  disability.     In  such 
a  case,  or  in  any  other,  where,  in  connection  with  the  report 
of  the  medical  examination,  a  reasonable  doubt  is  raised 
on  the  record,  evidence  of  origin  or  condition  at  and  sub- 
sequent to  discharge  should  be  required. 

3.  Where  the  report  of  the  War  Department  shows  that 
the  claimant  was  wounded  in  action,  or  at  a  place  where  a 
battle  is  known  to  have  been  fought  at  the  time  alleged, 
but  does  not  locate  the  wound,  the  claim  in  such  cases  is 
not  proven  by  the  record,  and  testimony  of  witnesses  should 
be  required  to  locate  the  wound.     If  such  testimony  is 
not  obtainable,  the  claimant  may  be  ordered  for  medical 
examination,  and  he  should  be  examined  for  all  other  phys- 
ical signs  of  wounds  besides  the  one  alleged.    If  the  exam- 
ining surgeons  find  no  physical  signs  of  any  other  wound 
than  that  claimed,   such  report,  in  connection  with  the 
allegation  of  the  claimant,  is  usually  accepted  as  sufficient 
to  locate  and  describe  the  wound  as  proven  by  the  record, 
though  not  particularly  located  or  described  therein. 

4.  Deficiencies  in  the  reports  of  the  War  Department,  as 
have  been  heretofore  mentioned,  may  be  supplied  by  cer- 
tificates of  disability  signed  by  the  captain  of  the  soldier's 
company  and  by  his  regimental  surgeon,  and  thus  legally 
establish  a  claim.     Such  certificates,  when  so  signed,  are 
received  as  the  best  evidence  of  the  facts  stated  therein. 

5.  Certificates  of  disability  signed  by  a  surgeon  in  charge 
of  a  general  hospital  are  not  given  so  great  weight,  as 
they  may  not  show  line  of  duty;  for  a  hospital  surgeon,  as 
a  rule,  does  not  possess  personal  knowledge  of  the  facts 
concerning  the  manner  in.  which  a  disability  was  contracted. 


20  PRACTICE    OP    THE    PENSION    BUREAU. 

PROOF   IN   CASES   WHERE    THE   RECORD    SHOWS   "ACCI- 
DENTAL"  WOUND. 

1.  Where  the  records  of  the  War  Department  show  the 
claimant  "accidentally  wounded"  at  a  given  time,  locate 
and   describe  the  wound  alleged,  but  do  not  show  the 
facts    connected  with    its    incurrerice,   such    reports  are 
accepted  as  proof  that  the  soldier  received  the  wound  in 
the  service,  but  line  of  duty  must  be  shown  by  parol  evi- 
dence.    If  the  record  does  not  locate  or  describe  the  wound 
evidence  should  be  required  covering  that  point,  as  well  as 
that  showing  "line  of  duty,"  for  every  fact  and  circum- 
stance connected  with  the  incurrence  of  the  wound  should 
be  made  to  appear. 

2.  Line  of  duty  must  be  shown,  for  the  reason  that  it  is 
not  accepted  that  the  wound  was  "accidentally "received 
because  it  is  so  stated  in  the  record.    The  only  fact  accepted 
is  that  a  wound  was  received  at  the  time  and  place  stated. 
The  word  "accidental"  shows  that  the  actual  facts  of  the 
incurrence  of  the  wound  were  not  known;   or,  in  other 
words,  not  being  known,  it  was  supposed  to  be  "accidental" 
at  the  time  the  record  was  made. 

3.  The  parol  evidence  required  to  prove  a  claim  sup- 
ported by  such  a  record,  is  the  testimony  of  one  of  the  com- 
missioned officers  or  first  sergeant  of  the  soldier's  company; 
or,  if  that  can  not  be  furnished,  then  that  of  two  comrades 
will  be  accepted  as  sufficient.    The  testimony  of  such  officer 
or  comrades  should  show  that  they  had  personal  knowledge 
of  the  facts  to  which  they  testify,  and  their  credibility  must 
be  satisfactorily  shown.    When  such  parol  evidence  is  filed 
the  examiner  should  call  upon  the  War  Department  for  a 
report  concerning  the  presence  or  absence  of  the  affiants 
at  the  time  it  is  alleged  such  wound  was  received.     If  the 
War  Department  reports  them  present  at  that  time,  such 
claim  is  accepted  as  "legally"  established  upon  the  record 
and  parol  evidence  as  stated;  provided,  from  the  descrip- 
tion of  the  wound  and  the  facts  and  circumstances  stated 
in  the  evidence,  no  reasonable  doubt  arises  concerning  the 


PRACTICE    OF    THE    PENSION    BUREAU.  21 

incurrence  of  the  same.  In  all  cases  in  which  the  affidavits 
of  affiants  are  not  in  their  own  handwriting,  correspondence 
should  be  had  directly  with  the  affiants,  and  specific  inquiry 
made  in  regard  to  their  personal  knowledge  of  the  facts 
and  circumstances  to  which  they  testify. 

4.  Under  such  circumstances  inquiry  should  be  made  of 
the  postmaster  at  their  places  of  residence  concerning  their 
credibility;  but  no  such  information  should  be  requested  of 
postmasters  of  cities  containing  over  20,000  inhabitants,  it 
being  considered  impracticable  for  them  to  obtain  it.     If  by 
such  correspondence  or  inquiry  such  doubt  is  removed,  the 
claim  should  be  submitted.     If  not,  the  action  to  be  taken 
in  such  cases  must  depend  upon  the  judgment  of  the  exam- 
iner, who  should  duly  consider  all  the  surrounding  circum- 
stances and  facts  connected  therewith. 

5.  If  it  appears  that  the  case  possesses  too  much  merit  to 
be  rejected,  a  requirement  for  further  evidence  should  be 
made  or  the  case  submitted  for  special  examination. 

6.  There  are  many  accidental  wounds,  which  appear  of 
record,  that  were  incurred  at  such  time  and  place  as  to 
make  it  impossible  for  the  claimant  to  obtain  the  evidence 
required,  although  the  claim  may  be  genuine.     Wounds 
received  while  on  picket,  or  while  foraging  under  orders, 
are  often  of  this  class.    The  claimant  should,  therefore, 
be  required  to  give  a  very  full  and  specific  description 
of  the  wound,  and  to  state  all  the  facts  and  circumstances 
connected  with  its  incurreuce,  so  that  it  may  be  possible 
to  form  an  opinion  as  to  whether  the  Avound  was  in  fact 
accidentally  received,  or  purposely  self-inflicted.     For  in- 
stance,  pistol-shot  wounds  received  in  the  hands  or  feet 
should  be  carefully  guarded.    A  soldier  would  not  be  likely 
to  purposely  shoot  himself  in  the  head  or  through  the  leg. 
In  cases  where  all  the  surrounding  facts  and  circumstances 
are  in  favor  of  the  claim,  and  it  appears  that  the  claimant 
can  not  furnish  the  required  proof,  all  circumstantial  evi- 
dence possible  should  be  obtained,  and  the  reputation  of 
the  claimant  for  truth  and  veracity,  and  his  standing  as  a 
soldier,  should  be  inquired  into. 


22  PRACTICE    OF    THE    PENSION    BUREAU. 

EVIDENCE   IN   CLAIMS  FOB   DISEASES   OF   RECORD. 

1.  The  number  of  disease  cases  that  are  pensionable  is 
so  great  that  it  is  impracticable  to  attempt  to  consider 
separately  the  evidence  required  to  establish  each.     Only 
such  are  specifically  considered  as  will  answer  for  a  guide 
to  enable  the  examiner  to  ascertain  the  proof  required  in 
any    given    case  by   a   comparison  with  that  held  to  be 
necessary  to  establish  claims  for  the  different  classes  of 
diseases  herein  specified.     Kefereuce  will  be  made  to  the 
most  common    diseases   and  to  some  of  the  pathological 
sequences  therefrom  which  are  accepted  as  being  suscepti- 
ble of  proof. 

2.  The  act  of  March  3,  1885,  provides  that  all  applicants 
for  pensions  shall  be  presumed  to  have  had  no  disability  at 
the  time  of  enlistment;  but  such  presumption  may  be  re- 
butted.   It  has  been  held  that  after  six  months'  continuous 
service  immediately  following  enlistment,  uninterrupted  by 
the  incurrence  of  any  pensionable  disability,  diseases  con- 
tracted thereafter  will  be  accepted  as  due  to  the  service 
upon  record  evidence  alone.     If  there  is  a  record  of  the 
alleged  disease  soon  after  the  soldier's  enlistment,  and  the 
evidence  raises  a  doubt  as  to  its  origin  in  the  service,  the 
questions  of  prior  soundness  and  origin   should  be  deter- 
mined by  special  examination,  but  all  the  surroundings  of 
the  case  should  be  carefully  considered  before  this  course  is 
taken. 

3.  In  all  disease  cases  which  carry  arrears,  continuance 
of  the  disease,  or  the  result  therefrom,  together  with  the 
degree  of  disability  existing  by  reason  of  such  disease  since 
the  discharge  of  the  soldier  from  the  service,  must  be  shown 
by  competent  and  satisfactory  evidence.    This  is  required, 
even  though  it  is  shown  by  the  record  that  the  disease  is 
due  to  the  service;  the  present  condition  of  the  soldier  is 
shown  by  medical  examination,  for  the  reason  that  diseases 
are  progressive  and  changeable,  and  he  may  have  con- 
tracted others  since  discharge.     Evidence  of  continuance 


PRACTICE  OF  THE  PENSION  BUREAU.      23 

should  be  specific  in  its  character,  it  being  absolutely  neces- 
sary, particularly  in  arrears  cases,  to  fix  a  just  and  equita- 
ble rate  from  time  to  time  during  the  years  since  discharge, 
the  medical  examinations  not  being  sufficient  to  cover  so 
long  a  period  as  has  elapsed  since  the  war. 

4.  In  claims  which  do  not  carry  arrears  the  degree,  of 
disability  need  not  be  shown  for  any  period  prior  to  the 
filing  of  the  claim,  but  continuance  of  the  disease  from 
date  of  discharge  must  be  proved  by  competent  evidence. 

CIRCUMSTANCES  UNDER  WHICH  ORIGIN  -IN  THE  SERVICE 
OF  CERTAIN  DISEASES  IS  ESTABLISHED  UPON  THE 
RECORD. 

1.  Typhoid,  malarial  and  other  fevers,  diarrhea,  paral- 
ysis, smallpox,  measles,  sunstroke,  pneumonia,  and  other 
acute  diseases  are  generally  accepted  as  shown  to  be  due 
to  the  service  by  record  evidence  alone,  nothing  adverse  to 
the  claim  appearing  therein. 

2.  In  determining  whether  anything  adverse  appears  of 
record  it  must  be  remembered  that  there  is  a  limited  time 
in  which  diseases  develop  after  they  have  been  contracted. 
It  is  a  generally  accepted  medical  fact  that  measles  devel- 
ops itself,  or  makes  its  appearance  in  the  form  of  eruptions, 
in  from  ten  to  fourteen  days  after  it  has  been  contracted; 
smallpox  in  from  twelve  to  fourteen  days;  typhoid,  mala- 
rial, and  other  fevers  develop  in  about  two  or  three  weeks 
after  they  are  contracted.     Pneumonia  and  many  other 
acute  diseases  may  be  contracted  in  a  very  brief  time,  and 
one  may  be  immediately  stricken  with  paralysis  or  with  a 
sunstroke.    If  there  is  a  record  of  fever  or  of  measles  and 
smallpox  within  a  less  period  of  time  after  the  enlistment 
of  the  soldier  than  it  is  generally  accepted  that  the  same 
could  have  been  contracted,  the  record  will  not  be  accepted 
as  showing  that  such  diseases  are  due  to  the  service,  and 
claims  therefor  must,  as  a  rule,  be  rejected.    As  the  period 
in  which  these  diseases  will  develop  may  vary,  when  cases 
are  presented  in  which  it  is  claimed  that  the  said  diseases 


24      PRACTICE  OF  THE  PENSION  BUREAU. 

developed  in  a  shorter  time  than  heretofore  stated,  but 
within  a  few  days  of  that  time,  they  should  be  submitted 
to  the  medical  referee  for  his  consideration  and  decision. 

3.  It  must  be  remembered  that  it  is  not  in  any  case  the 
disease  for  which  pension  is  granted,  but  for  its  effects; 
that  is,  the  disability  arising  therefrom.  A  record  of  mea- 
sles, typhoid  fever,  and  other  similar  diseases,  nothing 
adverse  to  the  claim  appearing  in  the  record,  does  not  give 
title  to  pension,  the  soldier  having  long  since  recovered, 
but  he  may  be  suffering  from  the  effects  thereof.  If  so,  and 
he  can  prove  a  pensionable  disability  therefrom  and  con- 
tinuance since  discharge,  the  claim  is  established  upon  the 
record  and  by  such  proof,  provided  the  medical  examina- 
tion supports  his  claim. 

Although  the  character  of  the  disease  may  be  such  that 
it  still  exists,  it  is  the  disability  therefrom  that  gives  title 
to  pension,  and  not  the  fact  alone  of  the  mere  existence  of 
the  disease. 

PATHOLOGICAL    SEQUENCES    OF    DISEASES    HERETOFORE 
CONSIDERED. 

1.  In   stating  the  pathological    sequences   of  diseases 
which  are  accepted  as  being  susceptible  of  proof  it  is  not 
to  be  understood,  in  all  cases,  that  there  is  a  direct  affinity 
between  the  original  disease  and  the  result — that  is,  that 
the  one  necessarily  follows  the  other — but  that  such  result 
is  susceptible  of  proof.    For  instance,  disease  of  rectum  or 
liver  may  be  direct  pathological  sequences  of  chronic  diar- 
rhea, viz:  There  is  an  affinity  between  them  which  is  sus- 
ceptible of  proof;  but  it  is  not  accepted  that  under  any 
circumstances  they  are  necessary  results  following  chronic 
diarrhea. 

2.  For  the  purpose  of  this  work  no  distinction  will  be 
made  between   the  different  classes  of  pathological   se- 
quences, as  in  each  case  the  same  must  be  proven;  for  the 
reason  that  while  there  may  be  generally  a  direct  affinity 
between  two  diseases,  one  being1  a  natural  result  of  the 


PRACTICE  OF  THE  PENSION  BUREAU.       25 

other,  it  may  not  be  so  in  the  case  under  consideration; 
therefore,  all  sequences  must  be  proven  alike. 

3.  The  evidence  usually  required  in  a  case  where  a  se- 
quence is  claimed  should  show  the  date  said  sequence  first 
appeared,  and  the  condition  of  the  claimant  as  to  the  orig- 
inal disease  at  such  time;  and  the  question  as  to  the  accept- 
ance of  pathological  diseases  being  a  medical  one,  should 
always  be  referred  for  the  consideration  of  the  medical 
referee. 

4.  The  following  pathological  sequences  are  accepted  as 
susceptible  of  proof: 

(a)  Of  chronic  diarrhea;  disease  of  rectum  and  digestive 
organs. 

(b)  Of  typhoid  fever  ;  derangement  of  the  nervous  system. 

(c)  Of  malarial  poisoning  ;  enlarged  spleen  and  disease 
of  stomach  and  liver. 

(d)  Of  measles;  disease  of  lungs  and  catarrh. 

(e)  Of  sunstroke;  intolerance  of  heat,  headache,  and  ver- 
tigo. 

(/)  Of  pneumonia ;  disease  of  lungs. 
(g)  Of  rheumatism  ;  disease  of  the  heart,  and  structural 
changes  of  joints,  tendons,  and  muscles. 

(h)  Of  scurvy ;  disease  of  gums  and  loss  of  teeth. 

5.  It  should  be  stated  that  malarial  poisoning  is  a  condi- 
tion resulting  from  protracted  attacks  of  intermittent  or 
remittent  fever,  or,  in  other  words,  chills  and  fever. 

6.  Where  there  is  an  accepted  record  showing  chronic 
diarrhea  due  to  the  service,  and  either  of  the  said  sequences 
is  shown  by  competent  and  satisfactory  evidence  to  have 
resulted  therefrom,  if  a  disability  has  resulted  from  such 
sequence  since  discharge,  a  claim  for  chronic  diarrhea  and 
results  is  established  on  the  record  and  by  such  proof,  and 
the  claimant  is  entitled  to  a  rating  according  to  the  degree 
of  disability  shown  to  have  resulted  from  such  sequence. 
The  proper  form  of  approval  in  such  cases  by  the  legal 
reviewer  is  for  "chronic  diarrhea.    *     *     *     alleged  as  a 
result  and  shown  to  have  existed  from    *     *     *     ,  18 — ." 


26  PRACTICE    OF    THE    PENSION    BUREAU. 

DISEASES  ESTABLISHED   ON   THE   RECORD. 

1.  As  lias  been  stated,  the  law  presumes  that  all  appli- 
cants for  pension  were  of  sound  health  at  the  time  of  enlist- 
ment, and  that  such  presumption  may  be  rebutted.     When 
it  appears  of  record  that  a   soldier  has  performed   six 
months'  continuous  service  immediately  following  enlist- 
ment, and  such  service  was  not  interrupted  by  the  incur  - 
rence  of  any  disability,  the  question  of  prior  soundness 
should  not  be  raised,  nothing  either  of  record  or  in  any 
other  way  appearing  adverse  to  such  claim. 

2.  There  is  a  class  of  diseases,  however,  which,  if  shown 
to  have  existed  within  six  months  after  enlistment,  should 
require  careful  consideration  with  reference  to  their  origin 
in  service.     To  this  class,  rheumatism,  epilepsy,  hemor- 
rhoids, fistula  in  ano,  varicose  veins,  disease  of  lungs,  liver, 
bladder,  eyes,  and  ears,  and  organic  disease  of  heart  may 
be  said  to  belong.     While  it  is  not  considered  that  it  will 
require  six  months  to  contract  any  of  said  diseases,  it  is 
not  reasonable  to  suppose  that  such  diseases  will,  as  a  rule, 
be  contracted  and  develop  to  such  an  extent  as  to  cause 
a  pensionable  disability  within  a  less  period  of  time. 

3.  A  record  showing  the  existence  of  any  of  the  said 
diseases  within  the  time  mentioned  is,  of  course,  accepted 
as  proving  that   the   soldier  had    such    disease   in    the 
service,  but  that  it  was  due  thereto,  does  not  in  all  cases 
necessarily  follow.     As  has  been  said,  this  class  of  claims 
should  be  carefully -guarded,  and  if  the  circumstances  sur- 
rounding the  case  are  such  as  to  create  a  grave  doubt  that 
such  diseases  originated  in  service,  they  should  be  referred 
for  special  examination. 

CLASSIFICATION  OF  DISEASES  AND   EVIDENCE   IN   CLAIMS 
FOR   DISEASES   NOT   OF   RECORD. 

1.  To  establish  a  claim  for  disease  in  the  absence  of  a 
record,  it  must,  as  in  all  other  claims  for  pension,  appear 
from  a  report  of  the  War  or  Navy  Department  that  the 


PRACTICE  OF  THE  PENSION  BUREAU.      27 

claimant  was  in  the  military  or  naval  service  of  the  United 
States.  It  must  also  be  shown  by  parol  evidence  that  the 
alleged  disease  was  contracted  in  the  service  and  line  of 
duty,  and  has  continued  to  exist  since  his  discharge,  or 
that  a  pathological  sequence  has  resulted  therefrom  by 
reason  of  which  the  claimant  is  disabled,  and  the  claim 
must  be  supported  by  the  report  of  a  medical  examination. 

2.  In  all  classes  of  claims  not  established  by  record, 
where  officers  or  comrades  furnish  testimony,  a  call  should 
be  made  on  the  War  Department  to  verify  the  presence  or 
absence  of  such  witnesses  covering  the  period  named  in 
their  testimony. 

3.  In  considering  the  character  and  amount  of  evidence 
required  to  establish  claims  for  diseases  not  of  record,  the 
diseases  will  be  classified  into  "obscure"  and  "not  obscure." 

4.  The  distinction   made  in   the  classification  is,  that 
obscure  diseases  are  such  as  can  generally  be  distinguished 
only  by  a  physician,  whereas  diseases  not  obscure  may  be 
distinguished  by  persons  not  physicians.    While  only  med- 
ical experts  can  give  a  diagnosis  of  diseases  of  the  eye  and 
ear,  yet  if  any  person  is  suffering  from  any  form  of  disease 
of  the  eye  or  from  detective  hearing,  anyone  associated  with 
such  person  is  a  competent  witness  to  the  fact  of  the  exist- 
ence of  some  form  of  disease  of  the  eye  and  ear.     So  it  is 
with  other  diseases  not  obscure.    At  some  stages  of  the 
disease  the  character  of  the  same  can  be  detected  by 
medical  experts  only;  but  after  such  diseases  have  fully 
developed  anyone  may  be  able  to  distinguish  the  disease. 
Therefore  a  distinction  is  made  between  the  character  of 
evidence  required  to  distinguish  between  diseases  obscure 
and  not  obscure. 

5.  A  witness  may  give  such  a  description  of  a  soldier 
when  diseased  as  to  clearly  indicate  the  character  of  the 
disease,  however  obscure  it  may  be,  and  such  evidence, 
though  not  medical,  can  be  accepted. 

Any  person  may  be  able  to  describe  some  symptoms  of 
epilepsy,  but  the  ordinary  witness  not  a  physician  can  not 


28      PRACTICE  OF  THE  PENSION  BUREAU. 

distinguish  it  from  minor  diseases  of  a  similar  character 
which  are  not  pensionable;  but  anyone  who  can  describe 
the  symptoms  is  a  competent  witness  to  show  repeated 
attacks  thereof,  and  thus  aid  in  proving  a  claim  for  the 
same. 

G.  The  classification  of  diseases  into  obscure  and  not 
obscure  is  made  upon  the  medical  knowledge  or  intelligence 
of  the  average  witness,  therefore,  like  many  other  state- 
ments, it  is  general  in  its  terms.  Witnesses  differ  in  their 
ability  to  distinguish  diseases.  The  general  rule  in  regard 
to  the  competency  of  evidence  in  such  cases  may  be  varied, 
as  has  been  stated,  if  a  witness  shows  himself  competent. 
Otherwise  the  rule  should  be  observed. 

PROOF    OF    ORIGIN    IN    CLAIMS    FOR    OBSCURE    DISEASES 
NOT   OF   RECORD. 

1.  As  a  general  rule  it  may  be  stated  that  lay  testimony, 
when  unsupported  by  tbe  record  or  by  medical  evidence, 
and  dated  years  after  the  discharge  of  the  soldier,  can  not 
be  accepted  as  proof  of  service  origin  of  obscure  diseases. 
To  show  origin  in  the  service,  medical  evidence  must  gen- 
erally be  produced;  but  there  is  no  established  rule  on  this 
subject,  the  circumstances  surrounding  these  cases  render- 
ing it  impracticable  to  adopt  one.     If  it  is  clearly  shown 
that  such  evidence  is  not  within  reach  of  the  claimant,  he 
should  be  required  to  furnish  medical  evidence  showing 
that  such  diseases  existed    when  he  returned   from  the 
service  or  within  a  reasonable  time  after  his  discharge. 

2.  The  testimony  of  the  surgeon  who  treated  the  claim- 
ant for  the  alleged  disease  in  the  service  is  sufficient  to 
show  origin,  but  if  that  can  not  be  had,  and  there  is  uied 
ical  evidence  of  condition  at  or  within  a  reasonable  time 
after  discharge,  then  that  of  an  officer,  first  sergeant,  or 
two  comrades  will  be  accepted  to  show  origin ;  provided 
they  give  such  a  specific  description  of  the  symptoms  of 
the  disease  as  to  show  themselves  competent  witnesses. 


PRACTICE  OF  THE  PENSION  BUREAU.      29 

The  credibility  of  all  witnesses  should  be  ascertained,  and 
correspondence  should  be  had  directly  with  them  concern- 
ing their  personal  knowledge  of  the  facts  to  which  they 
testify;  provided  the  affidavits  are  not  in  their  own  hand- 
writing. In  all  cases  it  must  be  satisfactorily  shown  that 
the  highest  class  of  testimony  can  not  be  had  before 
testimony  of  a  lower  class  can  be  received. 

PROOF   OF  CONTINUANCE   IN   CLAIMS  FOR   OBSCURE 
DISEASES  NOT   OF  RECORD. 

1.  After  origin  in  the  service  has  been  established,  the 
question  of  continuance  is  one  of  great  importance.    Special 
care  should  be  taken  to  ascertain  the  true  condition  of  the 
claimant,  as  the  evidence  on  that  point,  taken  in  connection 
with  the  report  of  the  medical  examinations,  governs  the 
question  of  rate  in  arrears  cases.    Hence,  not  only  the 
fact  of  continuance  must  be  shown  in  such  cases,  but  also 
the  degree  of  disability  from  time  to  time  during  the  whole 
period  since  discharge.    It  is  not  reasonable  to  presume 
that  the  claimant  has  been  disabled  in  a  pensionable  degree 
during  the  entire  time  since  discharge,  and  had  no  medical 
treatment  during  such  period.    In  many  cases  the  claimant 
is  unable  to  produce  the  testimony  of  the  physician  who 
treated  him,  by  reason  of  his  death,  or  inability  to  obtain 
his  post-office  address,  or  from  some  other  cause.    But 
continuance  can  be  shown  in  all  just  and  lawful  claims 
either  by  medical  evidence  or  by  lay  testimony  that  medi- 
cal treatment  was  had  for  the  alleged  disease.    The  amount 
of  evidence  necessary  to  show  continuance  must  depend 
largely  upon  the  facts  and  surroundings  of  each  particular 
case. 

2.  Where  origin  in  the  service  is  established  by  medical 
evidence  and  the  alleged  disease  is  shown  by  the  report  of 
the  medical  examination,  less  evidence  is  required  to  show 
continuance  than  in  cases  where  medical  evidence  at  dis- 
charge is  partly  relied  upon  to  establish  such  origin,  but 
it  should  be  none  the  less  specific.    Affidavits  executed 


30  PRACTICE    OF    THE    PENSION    BUREAU. 

either  by  neighbors  or  physicians  merely  showing  generally 
the  continuance  of  the  disease,  without  giving  the  claim- 
ant's condition  from  time  to  time  specifically,  so  that  the 
degree  of  the  disability  can  be  ascertained  therefrom,  are 
practically  worthless  for  the  purpose  of  rating. 

3.  As  origin  in  the  service  on  the  testimony  of  one  wit- 
ness should  not  be  accepted  unsupported  by  evidence  of 
condition  at  discharge;  so,  also,  continuance  should  never 
be  accepted  on  the  evidence  of  one  witness — the  number 
of  years  covered  since  discharge  being  too  great  and  the 
question  of  rate  one  of  too  much  importance  both  to  the 
claimant  and  the  Government. 

4.  In  cases  where  there  is  medical  evidence  of  origin  in 
the  service  and  it  is  made  to  appear  that  medical  evidence 
to  prove  continuance  can  not  be  had,  the  evidence  of  two 
neighbors,  showing  that  the  claimant  was  treated  for  the 
alleged  disease  as  a  fact,  and  giving  a  specific  history  of 
the  claimant's  condition  from  time  to  time  since  discharge, 
describing  his  symptoms  as  well  as  it  is  possible  for  wit- 
nesses not  physicians  to  do,  will  be  accepted  as  sufficient 
to  establish  the  point,  provided  the  alleged  disability  is 
shown  by  the  report  of  a  medical  examination. 

5.  If  the  affidavits  of  such  neighbors  are  not  in  their 
own  handwriting,  correspondence  should  be  had  directly 
with  them  concerning  their  personal  knowledge  of  the 
facts  to  which  they  testify,  and  their  credibility  should 
also  be  ascertained. 

0.  As  has  been  heretofore  stated  under  another  heading, 
pathological  sequences  from  diseases  must  be  proven  as 
are  other  facts,  and  not  presumed;  so,  in  claims  where  it 
appears  that  the  claimant  has,  technically  speaking,  recov- 
ered from  the  original  disease  but  is  disabled  by  reason  of 
its  result,  the  same  must  be  established  by  competent  and 
satisfactory  evidence.  It  is  more  important  that  medical 
evidence  should  be  produced  to  establish  a  pathological 
sequence  than  almost  any  other  fact  necessary  to  be  proven 
in  the  adjudication  of  claims  for  pensions. 


PRACTICE  OF  THE  PENSION  BUREAU.      31 

7.  To  establish  a  sequential  disease  it  should  be  shown 
when  it  first  appeared,  and  that  it  did  appear  as  such 
sequence  within  a  proper  time;  the  condition  of  the  claim- 
ant with  reference  to  the  original  disease  at  the  time  such 
sequential  disease  first  appeared  should  also  be  shown; 
whether  any  apparent  cause  therefor  intervened  other  than 
the  original  disease,  and  whether  the  claimant  is  disabled 
to  a  pensionable  degree  by  reason  of  such  result. 

8.  The  testimony  of  one  physician,  who  should  be  re- 
quired to  give  the  facts,  not  his  opinions,  is  sufficient  to 
establish  a  pathological  sequence;  but  the  continuance  of 
the  disability  should  be  shown  by  such  evidence  as  the 
nature  and  character  of  the  disease  require,  under  the 
rules  heretofore  presented. 

9.  Pathological  sequences  may  be  shown,  in  the  absence 
of  the  best  evidence,  by  such  secondary  testimony  as  is 
required  to  establish  obscure  diseases,  whether  the  sequence 
claimed  is  from  such  a  disease  or  one  that  is  not  obscure. 

PROOF  IN  CLAIMS  FOR  DISEASES  NOT  OBSCURE  AND  NOT 
OF  RECORD. 

1.  There  is  no  difference  in  the  amount  of  proof  required 
to  establish  claims  for  diseases  " obscure"  and  anot  ob- 
scure,'7 but  there  is  in  the  character  of  the  evidence  as  to 
the  competency  of  the  witnesses. 

2.  In  claims  for  diseases  not  obscure,  the  best  evidence 
should  always  be  called  for,  but  if  it  can  not  be  obtained, 
secondary  evidence  will  be  considered  and  accepted  if  sat- 
isfactory.   The  rule  laid  down  by  the  Secretary  is  that 
"  neither  record  nor  medical  evidence  of  iucurrence  or  treat- 
ment in  service  is   absolutely  essential  to  prove  service 
origin ;  but  an  absence  of  such  evidence  should  be  satis- 
factorily accounted  for,  as  a  claim  must  be  established  by 
the  best  evidence  of  which  the  case  in  its  nature  is  sus- 
ceptible."   (Vol.  8,  Secretary's  Decisions,  p.  304.)    In  the 
same  decision  "satisfactory"  evidence  is  defined  as  "suffi- 
cient" evidence,  and  means  "that  amount  of  proof  which 


32      PRACTICE  OF  THE  PENSION  BUREAU. 

ordinarily  satisfies  an  unprejudiced  mind  beyond  reason- 
able doubt.7' 

3.  In  such  claims  the  witness,  though  not  a  physician, 
may  state  in  general  terms  the  facts  in  the  case,  so  far  as 
origin  in  the  service  is  concerned — that  is,  that  the  claim- 
ant was  afflicted  with  the  alleged  disease,  giving  its  proper 
name  if  possible;  also  the  symptoms  he  noticed,  and  the 
facts  connected  with  its  incurrence. 

4.  The  evidence  necessary  to  establish  origin  in  the  serv- 
ice is  the  testimony  of  the  regimental  surgeon ;  but  if  such 
evidence  can  not  be  obtained,  that  of  a  commissioned  officer, 
first  sergeant,  or  two  comrades  will  be  considered  sufficient 
to  show  origin  in  the  service.     Correspondence  should  be 
had  with  the  witnesses  concerning  their  personal  knowl- 
edge of  the  facts  to  which  they  testify,  and  their  credibility 
should  be  ascertained  from  some  reliable  source. 

5.  In  a  case  of  this  class,  where  there  is  no  medical  evi- 
dence of  origin  in  the  service,  to  prove  continuance,  there 
should,  in  general,  be  medical  evidence  covering  a  number 
of  years,  beginning  at  discharge  or  within  a  reasonable 
time  thereafter.     On  a  proper  showing,  however,  in  lieu 
of  such  evidence,  the  testimony  of  two  neighbors  whose 
credibility  is  ascertained,  and  who  state  as  a  fcict  that  the 
claimant  was  treated  for  the  alleged  disease  within  a  reason- 
able time  after  discharge,  and  who  can  give  a  full  descrip- 
tion of  the  claimant's  condition  with  reference  to  the  diseases 
alleged,  from  time  to  time  since  his  discharge,  will  be  con- 
sidered and  accepted  if  satisfactory. 

6.  There  is  no  distinction  made  as  to  the  evidence  re- 
quired to  show  pathological  sequences  in  claims  for  diseases 
obscure  and  not  obscure. 

CLAIMS    FOR     DISABILITIES     CONTRACTED    WHILE    PRIS- 
ONERS OF  WAR. 

1.  When  it  appears  that  the  soldier  was  sound  at  the 
date  of  his  capture  in  line  of  duty,  and  that  he  was  disabled 
as  alleged  at  the  date  of  his  release  from  rebel  prison,  his 


PRACTICE  OF  THE  PENSION  BUKEAU.       33 

disability  may  be  presumed  to  have  originated  in  the 
service  and  in  the  line  of  duty,  provided  said  disease  was 
incident  to  the  service  or  to  such  imprisonment. 

2.  The  effect  of  this  rule  is  to  waive  direct  proof  of  origin 
in  the  service  and  accept  the  disease  as  due  thereto  on  proof 
of  soundness  at  the  time  of  capture  in  line  of  duty,  of  con- 
dition at  the  time  of  release  from  prison,  and  of  continuance 
since  discharge.     The  evidence  necessary  to  establish  the 
facts  above  indicated  should  be  of  the  same  character  and 
amount  as  is  required  in  other  disease  cases  of  the  same 
class. 

3.  This  rule  may  be  applied  in  claims  for  injuries  and 
wounds  received  by  soldiers  while  prisoners  of  war,  unless 
the  character  of  the  disabilities  is  such  as  to  raise  a  doubt 
as  to  their  origin  being  due  to  the  service. 

4.  Where  a  soldier,  while  in  a  rebel  prison,  enlisted  in 
the  rebel  army,  the  presumption  is  that  he  voluntarily  aided 
and  abetted  the  rebellion,  and  his  claim  should  be  rejected 
under  the  provisions  of  section  4716,  Revised  Statutes.    His 
own  sworn  statement  that  such  enlistment  was  to  avoid 
starvation,  and  with  the  hope  of  finding  means  to  escape 
from  his  captors,  is  insufficient  to  rebut  such  adverse  pre- 
sumption.    Even  if  such  statement  were  true,  the  motive  of 
such  enlistment  does  not  relieve  him  from  the  consequence 
of  his  voluntary  act. 

CLAIMS    FOR   INJURIES.. 

1.  In  common  usage  the  words  "  wound'7  and  "  injury  w 
are  often  used  synonymously,  but  in  the  administration  of 
the  pension  laws  a  wound  is  a  disability  received  by  a  sol- 
dier from  any  weapon  of  war,  whether  accidental  or  other- 
wise;   an   injury  is  a  disability    received    by  means  of 
over-exertion,  by  any  hurt  or  violence  which  is  not  the 
result  of  a  wound  or  disease. 

2.  Injuries  are  not  accepted  as  established  merely  on  a 
record  of  treatment  for   same  in  service,  for  the  reason 
that  they  may  or  may  not  have  been  received  in  line  of 

19078 3 


34      PRACTICE  OF  THE  PENSION  BUREAU. 

duty.  There  is  no  class  of  claims  which  should  be  more 
carefully  guarded  than  those  for  injuries,  and  the  evidence 
produced  to  show  origin  thereof  in  service  and  line  of  duty 
should  always  be  based  upon  actual  personal  knowledge 
of  the  nature  and  extent  of  the  injury,  as  well  as  the  cir- 
cumstances under  which  such  injury  was  received,  in  order 
that  the  Bureau  may  be  able  to  determine  the  question  of 
origin  in  the  line  of  duty. 

PROOF   IN   CLAIMS   FOB  HERNIA  AND   VARICOCELE  WHEN 
NOT  ESTABLISHED   ON   THE   RECORD. 

1.  To  show  origin  of  hernia  or  varicocele  it  is  not  enough 
for  a  witness  to  testify  that  he  heard  the  claimant  com- 
plain  of  having  received  a  certain  injury.      While  such 
testimony  should   be  considered    and    given    its    proper 
weight,  better  and  more  specific  corroborative  testimony 
must  be  produced  to  establish  a  claim  therefor.     The  dis- 
abilities under   consideration   are  often   caused  by  long 
laborious   marches   and  over-exertion,  and   as   they  may 
appear  gradually,  claimants  can  not  always  state  the  pre- 
cise time  when  such  injuries  occurred. 

2.  To  establish  such  claims  when  they  thus  appear  the 
testimony  of  the  regimental  surgeon  and  another  commis- 
sioned officer  or  first  sergeant  should  be  required;  or,  in 
lieu  thereof,  that  of  two  comrades  who  saw  the  alleged 
rupture  about  the  time  it  first  appeared. 

3.  When  a  specific  injury  has  caused  such  disabilities  it 
is  a  fact  more  easily  proven,  and  in  either  case,  where  an 
injury  was  received,  the  soldier,  as  a  rule,  has  received 
some  medical  treatment,  and  can   show  that  fact  either 
directly  or  indirectly. 

4.  The  amount  of  proof  required  in  this  class  of  cases  is, 
in  general,  two  witnesses  as  to  origin,  and  when  no  medical 
evidence  of  treatment  in  service  can  be  produced,  medical 
or  other  competent  evidence  should  be  called  for  to  show 
the  existence  of  the  said  disabilities  at  or  soon  after  dis- 
charge.   In  each  case,  and  upon  each  point,  as  in  all  other 


PRACTICE  OF  THE  PENSION  BUREAU.       35 

cases,  the  best  evidence  should  be  required,  or  secondary 
when  the  proper  foundation  is  laid  for  receiving  the  same, 
and  correspondence  should  be  had  with  the  witnesses  con- 
cerning their  means  of  knowledge,  and  their  credibility 
should  always  be  ascertained. 

5.  In  claims  for  injuries  other  than  hernia  and  varicocele, 
not  established  on  the  record,  the  same  amount  and  char- 
acter of  testimony  is  required  as  in  claims  for  hernia,  and 
in  all  cases  the  circumstances  under  which  the  injury  was 
received  must  be  specifically  shown  by  the  proof. 

6.  In  cases  where  from  the  nature  of  the  injury  the  disa- 
bility is  unchangeable,  no  evidence  of  continuance  is  nec- 
essary j  but  in  cases  carrying  arrears,  where  the  disability 
may  be   progressive,  condition   at   and  since   discharge 
should  be  shown,  to  aid  in  connection  with  the  medical 
examination  in  fixing  the  rate. 

WOUNDS   AND   INJURIES  NOT   OF   RECORD. 

1.  Many  cases  not  supported  by  the  record  are  presented 
for  allowance.     They  are  not  to  be  regarded  with  suspicion, 
but  should  be  very  carefully  guarded,  chiefly  for  the  reason 
that,  while  this  class  of  injuries  may  have  been  received, 
they  are  not  likely  to  be  of  a  very  serious  character. 

2.  If  such  wounds  or  injuries  had  very  badly  disabled 
the  soldier,  he  would  probably  have  received  some  medical 
treatment  and  a  record  of  the  same  would  have  been  made. 
But  owing  to  the  fact  that  in  many  cases  hospital  records 
were  very  defective,  and  that  it  is  not  always  possible  to 
obtain   even  them,  therefore  it  is  not  just  to  raise  the 
presumption  against  the  soldier  in  a  case  without  record. 

3.  In  these  cases,  if  the  medical  examination  shows  a 
very  serious  wound  or  injury,  to  obtain  favorable  action, 
the  best,  or  at  least  satisfactory,  evidence  should  be  pro- 
duced.    Claimants  in  such  cases  should  be  required  to 
show  good  and  sufficient  reasons  why  the  best  evidence 
can  not  be  obtained,  and  it  should  appear  that  due  dili- 
gence has  been  observed  in  endeavoring  to  procure  the 


36  PRACTICE    OF    THE    PENSION    BUREAU. 

same.  The  proof  should  show  origin  in  service  and  in  line 
of  duty,  and  condition  at  discharge,  and  be  supported  by 
a  report  of  medical  examination  showing  a  wound  or  injury 
of  the  character  claimed. 

4.  As  to  the  character  of  evidence  required  in  claims  for 
wounds  and  injuries,  medical  evidence,  though  the  best, 
is  not  always  indispensable.    The  amount  of  proof  required 
depends  largely  upon  the  character  of  the  wound  or  injury 
and  the  nature  of  the  claimant's  statement  in  regard  to  the 
incurrence  of  the  disability. 

5.  To  show  that  such  wound  or  injury  was  due  to  the 
service,  the  testimony  of  the  regimental  surgeon  and  that 
of  one  other  commissioned  officer  or  first  sergeant,  or  two 
comrades  of  the  soldier's  company,  will  establish  origin; 
provided  that  such  officers  or  comrades  are  shown  to  be 
credible  witnesses  and  in  reply  to  private  inquiry  made 
direct  from  this  Bureau   state  that   they  had  personal 
knowledge  of  the  incurrence  of  such  wound  or  injury. 

6.  Origin  in  service  having  been  clearly  established,  if 
the  alleged  disability  is  of  such  a  character  that  it  would 
remain  in  the  same  condition,  no  proof  of  continuance  is 
necessary,  provided  it  be  found  on  a  medical  examination 
and  the  report  thereof  is  consistent  with  the  proof. 

7.  In  a  case  where  the  best  evidence  of  origin  in   the 
service  is  not  produced,  condition  at  discharge  should  be 
shown  by  competent  evidence. 

BRIEFING   CLAIMS  FOR   INVALID   PENSIONS. 

1.  All  cases  should  be  fully  and  carefully  briefed  in 
accordance  with  existing  orders,  and  the  face  brief  should 
show: 

(a)  The  character  of  the  claim,  name,  post-office  address, 
pensionable  rank,  and  service  of  claimant.    No  abbrevi- 
ations are  permitted  on  these  points  except  service. 

(b)  Dates  of  enlistment,  muster,  and  discharge. 

(c)  Facts  as  to  prior  and  subsequent  service,  with  dates 
of  same. 


PRACTICE  OF  THE  PENSION  BUREAU.       37 

(fl)  Date  of  filing  declaration,  and  if  more  than  one  has 
been  filed  that  fact  should  appear,  with  dates  of  filing 
same. 

(e)  A  short  and  concise  statement  of  the  basis  of  the 
claim. 

(/)  The  disability  for  which  pension  should  be  granted 
in  the  opinion  of.  the  examiner. 

(g)  The  date  of  commencement  of  pension.  (No  ab- 
breviations.) 

(h)  The  name  and  post-office  address  of  the  attorney, 
the  amount  of  fee  he  is  to  receive,  and  when  fee  agree- 
ments have  been  filed  that  fact  should  be  stated. 

It  should  also  be  stated  whether  the  case  is  submitted 
for  admission  or  rejection,  or  for  special  examination ;  the 
date  of  submission  should  appear  and  the  brief  be  signed 
by  the  examiner. 

LEGAL   REVIEW   OF   INVALID   CLAIMS. 

1.  The  legal  review  involves  a  critical  examination  of  all 
the  evidence  produced  in  a  case,  both  legal  and  medical, 
together  with  final  action  upon  the  points  involved.    It  is 
the  duty  of  the  legal  reviewers  to  see  that  every  point  in 
the  case  is  covered  by  competent  and  sufficient  evidence, 
as  they  act  for  the  Commissioner,  who  is  responsible  for 
the  allowance  of  claims. 

2.  All  evidence  presented  in  a  case  should  be  given  the 
weight  to  which  it  is  entitled  under  the  rules  of  the 
Bureau.     If  an  affidavit  does  not  come  up  to  the  require- 
ments as  heretofore  stated,   or  if,   from    the    reviewer's 
experience  in  the  Bureau  or  from  any  other  source,  it  be 
within  his  personal  knowledge  that  a  certain  witness  is 
not  in  good  standing,  or  if  for  any  other  reason  the  evi- 
dence is  not  sufficient  to  support  a  given  claim,  it  should 
be  returned  to  the  proper  adjudicating  division  with  spe- 
cific reasons  in  each  case  why  the  evidence  can  not  be 
accepted  as  sufficient  on  the  points  in  question.    The  legal 


38  PRACTICE    OF    THE    PENSION    BUREAU. 

reviewer  is  the  sole  judge  of  the  weight  and  sufficiency  of 
evidence  to  establish  a  claim. 

3.  The  action  of  the  legal  precedes  that  of  the  medical 
reviewer,  and  the  action  of  the  latter  is  based  upon  that 
of  the  former.    The  medical  reviewer  has  no  jurisdiction 
in  a  case  until  the  same  has  been  acted  upon  by  the  legal 
reviewer,  unless  it  be  referred  to  the  medical  reviewer 
through  the  medical  referee  for  an  opinion  upon  a  specific 
point  stated.    The  duties  of  the  legal  and  medical  reviewer 
are  often  very  closely  connected,  but  the  dividing  line  may 
be  clearly  denned  and  should  be  closely  observed,  that  the 
proper  reviewer  may  be  held  responsible  for  the  final  action 
in  every  case,  and  that  the  responsibility  may  not  rest 
somewhere  between  the  respective  reviewers,  and  therefore 
upon  neither. 

4.  Every  case  should  be  approved  for  a  specific  disability, 
and  that  disability  should  be  the  wound,  injury,  or  disease 
which  the  soldier  alleged  in  his  declaration  and  which  he 
had  in  the  service.    As  the  basis  of  every  claim  is  the  disa- 
bility that  was  contracted  in  the  service,  no  claim  should 
be  legally  approved  for  a  result  of  such  disability.    If  such 
results  existed  in  the  service,  the  legal  reviewer  should 
approve  for  the  same  by  name  ;  if  not,  then  the  approval 
should  be  for  the  original   disability,  and  the  approval 
should  state  what  results  are  claimed,  and  from  what  period 
the  particular  diseases  claimed  as  results  are  shown  in 
evidence,  leaving  a  specific  description  of  the  latter  to  the 
medical  reviewer.    The  approval  of  a  claim  by  the  legal 
reviewer  includes  continuance  as  well  as  the  origin  of  the 
disability. 

5.  Before  a  claim  for  disease  is  legally  established,  con- 
tinuance must  be  shown  as  a  fact.     The  degree  of  the  disa- 
bility is  a  question  for  the  medical  reviewer;  therefore  no 
case  should  be  approved  unless  continuance  of  the  original 
disability  or  of  a  pathological  sequence  is  shown.     Techni- 
cally speaking,  the  medical  reviewer  is  the  judge  of  patho- 
logical  sequences,  but  as  the  legal  reviewers  approval 


PRACTICE  OF  THE  PENSION  BUREAU.      39 

includes  continuance  as  a  fact,  the  date  when  each  of  the 
alleged  results  first  appeared  and  the  period  of  their  con- 
tinuance should  be  specifically  stated  in  the  legal  reviewer's 
approval. 

MEDICAL  REVIEW  OF  CLAIMS  FOR  INVALID  PENSIONS  AND 
MEDICAL  EXAMINATIONS. 

1.  Iii  discussing  the  subject  of  legal  review  of  claims 
much  has  been  said  concerning  the  duties  of  the  medical 
reviewer,  and  reference  therefore  should  be  had  to  com- 
ments under  that  title. 

2.  It  is  the  sole  duty  of  a  medical  reviewer,  under  direc- 
tion of  the  medical  referee,  to  fix  the  rates  to  which  the 
claimant  is  entitled  by  reason  of  the  disability  covered  by 
the  legal  approval ;  that  is,  to  fix  the  basis  of  the  rate  of 
pension,  which  includes  all  questions  concerning  pathologi- 
cal sequences  arising  in  the  course  of  the  legal  approval. 
The  office  of  the  medical  reviewer  is  really  that  of  a  medical 
expert,  whose  province  it  is  to  determine  technical  medical 
questions;  therefore  such  reviewer  has  no  jurisdiction  of 
any  question  of  fact  arising  in  any  case  except  such  as  are 
strictly  connected  with  the  duties  herein  defined. 

3.  The  evidence  bearing  upon  the  question  of  degree  of 
disability  in  the  case  should  be  carefully  considered  in  con- 
nection with  the  certificates  of  medical  examination  and 
the  record,  by  the  medical  reviewer,  and  no  case  should  be 
adjudicated  upon  an  examination  of  the  reports  of  surgeons 
alone.     In  a  case  involving  arrears  great  care  should  be 
taken  to  rate  the  disease,  so  that  it  may  be  graded  from 
time  to  time  in  accordance  with  the  law  and  the  facts.     In 
most  cases  it  is  not  reasonable  to  presume  that  claimants 
have  been  entitled  to  the  same  rate,  as  at  the  present  time, 
during  a  number  of  years  since  the  disability  was  con- 
tracted ;  of  course  to  what  extent  the  rate  should  vary  must 
be  largely  governed  by  the  character  of  the  disability. 
While  reports  of  medical  examinations  are  not  infallible — 


40      PRACTICE  OF  THE  PENSION  BUREAU. 

for  experience  has  shown  that  such  reports  often  do  claim- 
ants great  injustice,  and  again  the  ratings  stated  therein 
are  often  excessive — they  are  far  more  reliable  than  the 
usual  evidence  of  continuance. 

4.  As  has  been  stated,  the  approval  of  the  legal  reviewer 
includes  continuance  as  a  fact,  but  the  evidence  may  not  be 
sufficiently  specific  to  enable  the  medical  reviewer  to  fix  the 
degree  of  disability.     In  such  cases  the  medical  reviewer 
should  return  the  case  to  the  Board  of  Review,  indicating 
the  character  of  the  evidence  required  to  show  degree  of 
disability.     The  legal  reviewer  will  then  return  the  case  to 
the  adjudicating  division,  calling  attention  to  the  require- 
ments of  the  medical  division. 

5.  A  report  of  medical  examination  may  describe  a  pen- 
sionable disability  and  yet  state  that  the  claimant  is  not 
disabled,  and  fix  no  rate.     In  such  cases,  if  the  evidence  of 
continuance  is  specific  and  the  description  in  said  report 
raises  a  purely  medical  question,  the  medical  referee,  upon 
a  personal  examination  of  the  case,  may  rate  the  claim  to 
continue  in  the  future,  if  the  facts  so  warrant. 

6.  Reports  of  medical  examinations  in  all  cases  should 
be  required  to  conform  to  the  law  and  the  requirements  of 
the  Bureau  based  thereon.     So  much  depends  upon  these 
examinations  that  too  much  importance  can  not  be  attached 
to  them,  and  the  reports  should  be  required  to  be  full,  com- 
plete, and  specific. 

7.  When  no  medical  examination  has  been  made  of  the 
claimant  within  three  years  of  the  time  of  adjudication  of 
the  claim,  it  will  not  be  admitted  without  another  medical 
examination. 

INCREASE    OF   INVALID   PENSIONS    UNDER   THE   GENERAL 

LAW. 

1.  A  declaration  for  increase  should  be  executed  in  the 
same  manner  and  before  the  same  officers  as  a  claim  for 
original  pension.  The  following  points  should  be  covered 
by  allegation : 

(a)  Age,  residence,  and  post  office  address. 


OF  TUB 

UNIVERSITY 


PRACTICE    OF    THE    PENSION    BUREAU.  41 

(b)  That  he  is   a  pensioner  of  the  United  States,  the 
agency  where  enrolled ,  and  the  rate. 

(c)  Disability  for  which  pensioned  and  service  in  which 
the  same  was  incurred. 

(d)  His  present  physical  condition. 

2.  In  cases  where  the  soldier  alleges  that  his  disability 
has  increased  to  the  extent  that  he  is  entitled  to  second  or 
first  grade,  medical  evidence  should  be  required  to  estab- 
lish such  degree  of  disability  from  pensioned  causes  before 
a  medical  examination  is  ordered,  and  when  such  evidence 
is  received  the  case  will  be  referred  to  the  medical  referee 
for  the  purpose  of  ordering  a  medical  examination,  with 
special  instructions  to  the  examing  surgeons. 

3.  Claims  for  increase  will  be  briefed  and  submitted  to 
the  Board  of  Review,  and  the  arrangement  of  the  papers 
will  be  in  the  following  order: 

(a)  Brief  face. 

(&)  Pending  declaration  for  increase. 

(c)  Evidence  in  support  of  claim  for  increase. 

(d)  Powers  of  attorney. 

(e)  Former  face  sheets  in  order  (oldest  last). 

(/)  The  certificate  of  medical  examination  should  follow 
certificate  of  examination  made  in  former  claim. 

4.  The  face  brief  must  contain  the  facts  that  were  given 
on  the  face  of  the  invalid  brief  when  first  submitted  for 
review,  together  with  a  full  history  of  all  subsequent  pro- 
ceedings in  the  case.    The  face  of  a  brief  should  never  be 
removed  in  cases  of  any  character,  and  especially  is  this 
true  in  increase  claims;  no  matter  how  often  adjudication 
has  been  had,  the  old  face  brief  should  remain.    A  full 
history  of  the  case,  as  occasion  may  require,  can  be  thus 
easily  obtained  and  presented  on  the  new  face,  and  the 
correctness  of  the  same  can  be  readily  ascertained.    The 
"arrears77  brief  should  always  be  attached  in  its  proper 
place. 


42  PRACTICE    OF    THE    PENSION    BUREAU. 

LEGAL  AND  MEDICAL   REVIEW  OF  CLAIMS   FOR   INCREASE 
OF   PENSIONS. 

1.  Iii  reviewing  claims  for  increase  of  invalid  pensions, 
if  the  proceedings  in  the  invalid  claim  were  correct,  includ- 
ing any  increase  that  may  have  been  had  in  the  case,  the 
only  point  for  the  consideration  of  the  legal  reviewer  is, 
whether  the  brief  contains  a  full  and  correct  history  of  the 
former  proceedings  in  the  case  and  is  in  all  respects  cor- 
rectly briefed.     It  appearing  that  all  former  proceedings 
were  correct  and  the  increase  claim  properly  briefed,  the 
reviewer  should  repeat  the  approval  in  the  invalid  claim. 

2.  It  is  not  considered  tbe  duty  of  the  reviewer,  when 
examining  a  claim  for  increase,  to  re-review  the  invalid 
claim  and  former  proceedings  in  the  case.     If  it  be  patent, 
however,  from  the  face  of  the  brief,  that  the  former  action 
in  the  case  was  not  in  accordance  with  the  practice  of  the 
Bureau  at  the  time  the  claim  was  adjudicated,  the  reviewer 
should  carefully  review  the  evidence  in  the  case;   and  if 
a  good  and  sufficient  reason  appear  therefor,  should  refer 
the  claim  for  a  special  examination.     If  the  evidence  thus 
produced  shows  the  former  action  incorrect,  then  it  may  be 
reconsidered  and  corrected;  or,  if  it  appear  that  the  claim- 
ant is  not  entitled  to  a  pension,  his  name  should  be  dropped 
from  the  roll,  after  service  of  legal  notice  upon  him. 

3.  On  a  review  of  an  increase  claim  it  is  improper  to 
take  exceptions  to  former  proceedings  simply  because,  in 
the  judgment  of  the  reviewer,  the  weight  of  evidence  was 
not  sufficient  to  justify  former  action.     A  judgment  formed 
upon  the  weight  of  evidence,  and  acted  upon  by  one  duly 
authorized,   should    not    be  disturbed,   unless    new   and 
material  evidence  is  presented  showing  such  action  to  be 
incorrect,  or  it  is  made  to  appear  that  fraud  was  practiced, 
or  it  is  patent  that  an  error  was  committed ;  that  is,  when 
upon  a  re-review  it  is  so  manifest  that  the  former  action 
was  improper  that  the  correctness  thereof  is  not  a  question 
of  controversy,  or  in  regard  to  which  there  would  have 


PRACTICE  OF  THE  PENSION  BUREAU.      43 

been  no  difference  in  judgment,  special  attention  having 
been  invited  to  the  particular  facts  considered. 

4.  The  sole  question  to  be  determined  in  the  medical 
review  of  a  claim  for  increase  is  whether  the  disability  for 
which  the  pension  was  granted  has  increased  to  such  a 
degree  as  to  entitle  the  claimant  to  a  higher  rate  than  he 
is  now  receiving  ;  provided  the  medical  action  in  the  allow- 
ance of  the  original  claim,  and  also  in  all  proceedings  for 
increase  that  may  have  been  had,  was  correct. 

5.  What  has  been  said  in  considering  legal  review  of 
claims  for  increase  in  regard  to  the  reconsideration  of  the 
prior  proceedings  applies  to  the  medical  review  and  need 
not  be  repeated.     Special  attention  is,  however,  invited  to 
the  definition  of  a  patent  or  manifest  error.     Single  and 
narrow  as  the  question  for  the  medical  reviewer  appears 
when  stated,  it  is  of  very  great  importance,  being,  at  least 
for  the  time  being,  a  final  action  by  which,  as  a  rule,  the 
Bureau  is  bound;  therefore,  such  action  should  be  care- 
fully and  judiciously  considered  in  all  cases. 

0.  No  distinction  is  made  concerning  the  judgment  of 
different  boards  of  surgeons,  it  being  presumed  that  they 
are  all  entitled  to  the  same  credit.  Therefore,  unless  the 
last  medical  examination  of  the  claimant  describes  a 
greater  disability  than  first  shown  by  preceding  reports, 
no  increase  in  rate  should  in  any  case  be  granted.  If  an 
increase  is  allowed,  it  should  appear  from  such  last  report 
that  the  description  given  was  one  obtained  by  physical 
examination  and  not  from  the  claimant's  statements.  No 
claim  for  increase  should  be  allowed  simply  by  reason  of  a 
difference  of  judgment  on  the  part  of  the  board  of  surgeons 
as  to  the  adequacy  of  the  former  rate,  but  it  should  clearly 
be  made  to  appear  that  the  disability  has  increased  before 
favorable  action  be  had. 

7.  Where  the  disability  is  of  such  a  nature  that  a  phys- 
ical examination  would  not  fully  disclose  the  degree  of 
disability  (such  as  epilepsy),  evidence  should  be  required 


44      PRACTICE  OF  THE  PENSION  BUREAU. 

showing  the  pensioner's  condition,  the  frequency  and 
severity  of  the  attacks,  and  the  extent  he  is  disabled 
therefrom  as  a  question  of  fact. 

8.  A  claim  for  restoration  in  which  no  increase  is  claimed 
will  not  be  accepted  as  a  claim  for  increase. 

CLAIMS  FOR    RESTORATION    AND    RENEWAL    OF    INVALID 
PENSIONS   UNDER   THE    GENERAL   LAW. 

1.  In   claims   for   restoration  where  the   pensioner  has 
failed  to  draw  his  pension  for  three  years  after  it  had  be- 
come due,  a  declaration  is  required,  executed  as  in  original 
claims.     In  addition  to  the  allegations  required  in   such 
claims  he  must  state  the  reason  why  he  failed  to  claim  his 
pension  and  that  the  disability  for  which  he  was  pensioned 
still  exists. 

2.  The  proof  required  in  such  cases  is  fixed  by  statute. 
The  evidence  required  is,  satisfactory  testimony  account- 
ing for  the  failure  to  claim  pension  and  medical  evidence 
as  to  continuance  of  the  disability  for  which  pension  was 
granted;  and,  as  it  must  depend  largely  upon  the  character 
of  the  reason  given  and  all  the  surroundings  of  the  case, 
110  general  rule  can  be  laid  down.     Under  section  4719, 
Revised  Statutes,  evidence  of  a  medical  character  as  to 
continuance  of  disablity  is  an  absolute  necessity  in  estab- 
lishing a  claim  for  restoration  if  claimant  was  originally 
not  exempt  from  biennial  examination. 

In  all  cases  where  a  claim  for  restoration  was  allowed 
under  the  practice  in  force  at  the  time,  to  commence  June 
21, 1879,  the  date  of  the  act  which  abolished  biennial  exam- 
inations, medical  evidence  is  required  in  order  to  entitle 
such  persons  to  receive  pension  from  the  date  their  names 
were  dropped  from  the  rolls  on  account  of  failure  to  claim 
for  more  than  three  years.  The  act  of  June  21,  1879,  did 
not  repeal  by  implication  the  requirement  for  medical  evi- 
dence in  cases  for  restoration  under  section  4719,  Eevised 
Statutes. 


PRACTICE  OF  THE  PENSION  BUREAU.      45 

3.  In  reviewing  claims  for  restoration  the  same  scrutiny 
is  required  as  in  original  ones ;  and  if  for  any  reason  it  is 
found  that  the  claim  was  improperly  allowed  in  the  first 
instance,  it  should  be  specially  examined  or  rejected,  as  the 
evidence  in  the  case  may  indicate.    The  Bureau  having  the 
right  to  reject  claims  for  restoration  by  reason  of  the  orig- 
inal claims  being  improperly  allowed,  it  must  necessarily 
follow  that  the  original  action  can  be  modified  in  accord- 
ance with  the  facts;  therefore,  a  claim  may  be  restored  at 
a  less  rate  than  that  for  which  it  was  originally  allowed. 

4.  Cases  where  the  names  of  soldiers  were  dropped  from 
the  rolls  for  various  causes  are  governed  by  the  same  rules 
with  reference  to  the  character  and  amount  of  evidence  as 
those  that  apply  to  original  claims. 

5.  A  renewal  of  pension  is  where  the  pensioner's  name 
was  dropped  from  the  rolls  by  reason  of  re-enlistment  in  the 
military  or  naval  service  of  the  United  States,  and  a  claim 
is  presented  to  be  restored  to  the  rolls.     A  declaration 
executed  as  in  original  claims  is  required;  and,  in  addition 
to  the  allegations  in  such  claims,  all  subsequent  service 
should  be  set  forth  and  the  continuance  of  the  disability 
alleged.    A  call  should  be  made  upon  the  War  Department 
for  a  full  history  of  the  subsequent  service.    This  report 
may  show  continuance  of  original  disability,  or  it  may 
show  no  treatment  for  the  disability  claimed,  which  may 
be  of  such  a  character  as  to  make  it  improbable  that  the 
claimant  could  perform  such  subsequent  service  while  so 
disabled.    Only  the  most  direct  and  positive  evidence  of 
continuance  should  be  accepted  in  claims  for  renewal,  and 
they  may  be  allowed  at  a  less  rate  than  that  for  which  it 
was  originally  granted. 

CLAIMS    FOR    INCREASE   ON  ACCOUNT   OF    NEW  DISABILI- 
TIES. 

1.  Failure  to  allege  in  the  original  declaration,  or  in  an 
explanatory  affidavit  filed  soon  thereafter,  certain  disabili- 
ties which  are  afterwards  alleged  as  "new  disabilities," 


46  PRACTICE    OF   THE    PENSION    BUREAU. 

raises  the  strong  legal  presumption  tbat  such  disabilities 
did  not  exist  at  the  tiling  of  the  original  declaration.  It 
has  been  held,  upon  consideration  of  claim  for  a  new  disa- 
bility, that  where  the  claimant,  years  after  discharge, 
alleges  a  disease  or  disability  of  which  his  hospital  record 
contains  no  mention,  and  of  which  also  there  was  no  evi- 
dence at  discharge,  the  presumption  is  that  said  disease  or 
disability  was  not  incurred  in  the  service,  but  subsequently 
to  his  discharge. 

2.  In  claims  for  a  new  disability  established  by  the  record, 
the  same  amount  of  testimony  is  required  as  in  an  original 
claim,  but  if  no  record  of  treatment  in  service  exists,  the 
adverse  presumption  can  be  overcome  only  by  direct  and 
positive  proof  of  incurrence  and  existence,  or  by  satisfac- 
tory evidence  as  to  facts  and  circumstances  from  which  said 
incurrence  and  existence  are  to  be  naturally,  fairly,  and 
reasonably  inferred.     Continuance  should  be  proved  as  in 
original  claims. 

3.  Great  care  should  be  exercised  in  reviewing  claims  of 
this  character,  and  generally  where  there  is  no  record  or 
medical  evidence  of  treatment  in  service  or  at  discharge, 
the  case  should  be  referred  for  special  examination. 

RE-RATIN&   OP   CLAIMS   FOR   INVALID   PENSION. 

1.  A  claim  that  has  been   adjudicated,  and  the  rate 
granted  in  accordance  with  the  law  and  practice  in  force  at 
the  time,  should  not  be  re-rated  simply  because  a  greater 
rate  is  granted  now  for  the  same  disability.     No  former 
action  of  the  Bureau,  where  the  question  must  be  decided 
upon  a  mere  opinion  of  the  weight  of  evidence,  should  be 
reconsidered  on  a  review  of  the  same  evidence.    A  judg- 
ment formed  upon  the  weight  of  evidence  at  a  given  time 
is  entitled  to  the  same  consideration   as  the  judgment 
formed  upon  the  same  evidence  at  a  subsequent  time. 

2.  An  application  for  re-rating  should  specifically  allege 
wlierein  a  manifest  error  has  been  committed  in  fixing  the 


PRACTICE  OF  THE  PENSION  BUREAU.      47 

former  rates  of  pension,  and  a  claim  for  re-rating,  included 
in  an  application  for  increase,  will  not  be  considered. 

3.  The.  rule  with  reference  to  claims  for  re-rating  is  that 
former  ratings  of  pension  will  not  be  disturbed  where  it 
does  not  appear  that  a  manifest  error,  either  of  law  or  of 
fact,  about  which  there  can  be  no  dispute,  was  involved. 
As  the  question  is  largely  a  medical  one,  claims  of  this 
class  should  never  be  allowed  without  the  approval  of  the 
Medical  Referee  after  a  personal  examination  of  the  evi- 
dence. 

THE   RATINGr   OF   APPROVED   CLAIMS. 

1.  When  claims  have  been  legally  and  medically  approved, 
the  rate  must  be  given  on  the  basis  fixed  by  the  medical 
reviewers,  in  figures  on  the  face  of  the  brief. 

2.  The  raters  do  not  sign  the  brief  and,  therefore,  tech- 
nically speaking,  a  rater  is  not  responsible  for  the  other 
action ;  but,  it  being  the  last  action  taken  before  the  cer- 
tificate is  issued,  it  is  the  duty  of  the  raters  to  cause  any 
manifest  errors  that  have  been  committed,  either  legal  or 
medical,  in  the  approval  of  claims,  to  be  corrected  through 
the  chief  of  the  Board  of  Review  or  the  Medical  Referee. 

3.  Special  care  should  be  observed  to  rate  no  claim  where 
it  is  patent  that  the  basis  thereof  fixed  by  the  legal  or  medi- 
cal reviewer  is  not  sustained  by  the  facts,  or  where  an  error 
has  been  committed  in  regard  to  dates.     Great  accuracy  is 
required  in  rating  claims.     If  it  is  apparent  that  the  basis 
of  the  rate  fixed  by  the  medical  reviewer,  or  the  date  of 
commencement  fixed  by  either  the  legal  or  medical  reviewer, 
is  for  any  reason  not  correct,  the  claim  should  be  referred 
to  the  chief  of  the  Board  of  Review  or  to  the  Medical  Ref- 
eree, as  the  case  may  be,  for  personal  consideration  and 
action.     When  a  claim  is  rated,  it  is  transmitted  to  the  Cer- 
tificate Division  for  the  issuance  of  a  certificate  of  the 
claimant's  right  to  pension. 


48      PRACTICE  OF  THE  PENSION  BUREAU. 
ADVERSE  RECORDS. 

1.  Certificates  of  disability  which  are  received  as  evi- 
dence adverse  to  an  invalid  claim  for  pension  may  be 
divided  into  three  classes: 

(a)  Those  that  are  positively  adverse  and  in  which  suffi- 
cient reason  therefor  is  fully  given,  signed  by  the  captain 
of  the  soldier's  company  and  his  regimental  surgeon. 

(b)  Those  that  are  positive  in  their  character,  but  no 
reason  therefor  is  given  therein,  and  signed  as  aforesaid. 

(c)  Those  that  are  adverse,   as  the  first    and   second 
classes,  and  in  which  a  reason  may  or  may  not  be  given, 
and  signed  by  a  surgeon  of  a  general  hospital. 

2.  An  adverse  record  of  the  first  class  can  not  usually 
be  overcome  by  parol  evidence.    These  certificates  were 
issued  by  officers  who  were  presumed  to  know  the  facts 
stated  therein,  for  the  reason  that  it  was  their  duty  to  do 
so,  and  to  make  a  record  thereof,  or  cause  it  to  be  done,  at 
the  time. 

3.  To  make  a  record  positive  in  its  character,  so  as  to 
support  the  rejection  of  the  claim,  the  facts  upon  which 
such  certificate  is   based  must  be  stated  therein.    For 
instance,  a  soldier  may  be  discharged  for  a  wound,  injury, 
or  disease,  and  the  records  state  u  not  received  in  line  of 
duty."    This  is  not  conclusive  against  the  soldier  unless 
the  facts  be  given,  so  that  the  question  may  be  determined 
by  the  Bureau. 

4.  The  facts  stated  in  such  certificates  are  usually  con- 
clusive, but  not  the  legal  conclusions  based  thereon.    If  it 
be  stated  chat  the  disability  originated  prior  to  enlistment, 
it  may  be  conclusive,  or,  owing  to  the  character  of  the  disa- 
bility, it  may  not.     If  such  a  description  be  given  as  to 
make  it  clear  that  the  disability  could  not  have  been  con- 
tracted since  the  soldier's  enlistment,  the  record  is  conclu- 
sive against  him. 

5.  Adverse  records  of  the  second  class  may  be  contro- 
verted by  parol  evidence,  for  the  reason  that  the  facts  upon 


PRACTICE  OF  THE  PENSION  BUREAU.       49 

which  the  certificate  is  based  are  not  given.  But  when 
such  evidence  is  accepted,  special  care  should  be  taken  to 
secure  the  very  best  obtainable.  The  character  of  the 
evidence  required  must  depend  upon  the  nature  of  the 
disability.  As  a  rule,  medical  evidence  should  be  pro- 
duced before  a  claim  is  allowed  over  such  an  adverse  record 
or  the  facts  should  be  obtained  by  a  special  examination  of 
the  case. 

6.  Adverse  records  of  the  third  class  may  also  be  over- 
come by  parol  evidence,  for  the  reason  that  they  were  made 
by  officers  who  were  not  in  a  situation  to  have  personal 
knowledge  of  the  facts  which  rn.iy  or  may  not  be  contained 
in  the  certificates,  but  upon  which  the  medical  opinion 
stated  therein  was  based.     Where  there  is  a  record  of  this 
class,  special  care  should  be  taken  to  ascertain  all  the  facts 
before  such  a  claim  is  allowed  over  the  records,  and  these 
facts  should  be  obtained  by  a  special  examination  of  the 
case. 

7.  Where  a  certificate  of  disability  of  any  class  contains 
statements  of  a  claimant  against  his  interest,  in  the  absence 
of  the  most  conclusive  proof  showing  the  falsity  thereof, 
the  same  should  be  accepted  as  true.     Where  the  certificate 
contains  a  statement  made  by  the  claimant  that  the  disa- 
bility for  which  he  was  discharged  existed  prior  to  enlist- 
ment or  for  any  reason  was  not  due  to  the  service,  a  claim 
for   such   disability  should   be  rejected   upon   the   record 
without  making  a  call  upon  the  claimant  for  proof. 

8.  Again,  where  a  certificate  of  disability  of  any  char- 
acter shows  claimant  discharged  for  a  specific  disability 
and  pension  is  claimed  for  one  of  a  different  character, 
such  certificate  is  presumed  to  be  adverse  by  reason  of 
claimant's  allegations,  because  it  is  reasonable  to  presume 
that  if  he  was  disabled  as  alleged  at  the  time  of  his  dis- 
charge, record  of  such  disability  would  have  been  made. 
Special  caution  should  be  observed  in  the  consideration  of 
such  claims.     While  a  claim  for  pension  for  disability  not 

19078 4 


50  PRACTICE    OF    THE    PENSION    BUREAU. 

mentioned  in  such  a  certificate  may  be  established  by 
parol  evidence,  it  should  not  be  allowed  except  upon  the 
best  obtainable  evidence  and  the  most  satisfactory  proof. 

ADVERSE  WAR  DEPARTMENT  REPORTS. 

1.  The  report  of  the  War  Department  may  be  presumed 
to  be  adverse  by  reason  of  the  claimant's  allegations.     For 
instance,  if  the  report  shows  the  claimant,  at  the  time  the 
disability  is   alleged  to  have  been  contracted,  absent  <>n 
furlough  or  not  present  for  duty  for  any  reason,  no  pension 
can  be  granted  unless  the  discrepancy  be  satisfactorily 
explained  and  corrected.     Claimants  and  witnesses  may 
make  mistakes  in  dates  after  the  lapse  of  so  many  years 
since  the  war  and  proper  allowance  will  be  made  therefor, 
and  if  honestly  made  they  should  not  prejudice  a  claim. 
If  it  clearly  appear  that  the  disability  was  incurred  in  the 
service,  an  opportunity  should  be  given  the  claimant  to 
correct  discrepancies  as  to  dates  if  a  mistake  has  been 
made  and  cause  the  allegations  to  conform  to  the  record, 
but  the  greatest  caution  should  be  observed  in  considering 
the  testimony  in  this  class  of  cases. 

2.  Again,  where  the  report  of  the  War  Department  shows 
the  soldier  present  for  duty  on  the  rolls  during  the  time  he 
claims  he  was  disabled,  such  record  is  presumed  to  be  ad- 
verse, but  may  be  controverted  by  parol  evidence,  for  the 
reason  that  a  claimant  may  be  greatly  disabled  and  still 
reported  present  for  duty,  and  as  a  fact  never  receive  hos- 
pital treatment;   but,  as  in  all  other  cases,  before  such 
claims  are  allowed  the  best  obtainable  evidence  should  be 
required  and  the  proof  should  be  satisfactory. 

3.  Where  a  soldier  alleges  that  he  contracted  a  certain 
disability  at  a  given  time  and  place  and  the  report  of  the 
War  Department  shows  him  absent  and  sick  in  hospital 
at  the  time   alleged,  but  shows    hospital  treatment   at 
such  time  for  a  different  disability,  the  presumption  is  that 
the  claimant  is  in  error,  and  unless  a  satisfactory  explaua- 


PRACTICE  OF  THE  PENSION  BUREAU.      51 

tion  can  be  given,  and  upon  a  proper  showing  the  discrep- 
ancies corrected,  such  claims  should  not  be  allowed. 

4.  Again,  a  soldier  may  allege  that  he  received  hospital 
treatment  at  a  certain  time  for  a  particular  disability  and 
the  report  of  the  War  Department  show  that  the  claimant 
received  treatment  at  the  time  alleged  for  a  different  dis- 
ability than  that  claimed.    In  such  cases  allowance  may 
be  made  for  the  fact  that  an  incorrect  diagnosis  may  have 
been  made  of  the  claimant's  disability  when  he  was  received 
in  hospital.    As  experience,  however,  has  demonstrated 
that  such  records  are  in  most  cases  correct,  no  claim  should 
be  allowed  over  such  a  one  without  positive  and  direct  evi- 
dence sustaining  the  claimant's  allegations. 

5.  A  claimant  against  whom  there  stands  a  charge  of 
desertion  under  an  enlistment  for  service  in  the  war  of  the 
rebellion,  which  charge  the  War  Department  declines  to 
remove,  has  no  title  to  pension  under  any  existing  law  on 
account  of  disability  incurred  in  said  war  or  service  per- 
formed therein.    That  is,  the  claimant  must  have  received 
a  discharge  from  all  enlistments  for  service  in  the  war  of 
the  rebellion,  and  if  he  was  not  so  discharged,  but  a  record 
of  desertion  from  any  such  service  stands  against  him,  he 
is  not  entitled  to  pension. 

CLAIMS  OF  WIDOWS  FOR  PENSIONS  UNDER  THE  GENERAL 

LAW. 

1.  The  basis  of  a  widow's  title  to  pension  is  an  invalid 
right.     That  is,  the  soldier  through  whom  the  right  to 
pension  is  claimed  must  have  contracted  a  disability  in  the 
military  or  naval  service  of  the  United  States,  and  under 
such  circumstances  as  would  have  entitled  him  to  a  pen- 
sion, and  died  by  reason  of  said  disability  either  in  the 
service  or  since  discharge. 

2.  When  a  soldier's  right  to  a  pension  has  been  estab- ' 
lished,  to  give  title  to  his  widow  it  must  appear:  First,j 
that  he  died  on  a  certain  date  of  a  wound,  injury,  or  disease 


52  PRACTICE    OF    THE    PENSION    BUREAU. 

contracted  iii  the  service  and  line  of  duty;  and  second, 
that  the  claimant  was  his  lawful  wife  when  he  died. 

DECLARATION   OF   A  WIDOW   FOR   ORIGINAL   PENSION. 

A  declaration  of  a  widow  for  original  pension  under  the 
general  law  should  be  executed  in  accordance  with  the  law 
as  heretofore  stated  under  the  head  of  declarations  for 
invalid  pensions,  and  the  facts  concerning  the  following 
points  should  be  covered  by  allegation : 

(a)  Name  of  claimant,  age,  and  under  what  law  the  pen- 
sion is  claimed. 

(b)  That  she  is  the  widow  of  the  soldier. 

(c)  Name  of  soldier,  rank,  service,  nature  of  wounds  and 
all  circumstances  attending  them,  or  the  disease  and  man- 
ner in  which  it  was  incurred;  in  either  case  showing  sol- 
dier's death  to  have  been  the  sequence. 

(d)  Cause  of  soldier's  death  and  the  date  thereof. 

(e)  Marriage  to  the  soldier,  with  date  thereof,  maiden 
name  of  widow,  and  the  name  of  officiating  clergyman  or 
magistrate,  and  place  where  married. 

(/)  Whether  any  legal  bar  existed  to  said  marriage. 

((/)  Whether  either  claimant  or  the  soldier  had  been  pre- 
viously married,  and  if  so,  the  facts  in  relation  to  said  prior 
marriage. 

(k)  Whether  she  has  remarried  since  the  soldier's  death. 

(i)  Names,  and  dates  of  birth  of  all  legitimate  surviving 
children  of  the  soldier,  under  sixteen  years  of  age  at  his 
death,  either  by  the  claimant  or  by  a  former  marriage. 

(j)  Custody  of  the  children. 

(A1)  Whether  she  in  any  manner  engaged  in,  aided  or 
abetted  the  rebellion  against  the  United  States. 

(1}  Residence  and  post-office  address. 

PROOF    IN    CLAIMS    OF   WIDOWS  FOR   ORIGINAL   PENSIONS 
UNDER   THE    GENERAL   LAW. 

1.  When  a  soldier  has  died  or  dies  in  the  military  or 
naval  service  of  the  United  States,  to  give  title  to  the 


PRACTICE  OF  THE  PENSION  BUREAU.      53 

widow  of  such  soldier  it  must  be  proven  that  he  contracted 
the  fatal  disability  in  such  service  and  in  line  of  duty. 
These  points  will  generally  be  proven  by  the  record  if  the 
soldier  died  in  the  service.  The  question  whether  the 
record  shall  be  accepted  as  sufficient  proof  that  the  soldier 
contracted  the  disability  of  which  lie  died  in  the  service  is 
determined  by  the  rules  which  govern  invalid  claims. 

2.  In  addition  to  the  record  such  parol  evidence  may  be 
required  as  the  character  of  the  disability  and  the  surround- 
ings of  the  case  would  make  necessary  in  establishing  an 
invalid  claim  for  the  same  cause.     As  a  rule,  the  immediate 
cause  of  death  is  accepted  on  the  record,  but  if  there  be  no 
military  or  public  record  of  it,  the  cause  must  be  shown  by 
parol  evidence,  which  should  be  the  testimony  of  the  physi- 
cian who  treated  the  soldier  during  his  last  sickness  and 
at  the  time  of  death.     When  the  public  record  of  the  sol- 
dier's death  is  indefinite  as  to  cause  of  death,  and  where  it 
is  necessary  to  show  the  pathological  connection  between 
the  death  cause,  as  shown  in  the  record,  and  the  disability 
proven  as  of  service  origin,  the  testimony  of  the  attending 
physicians  should  be  required  giving  a  full  history  of  the 
soldier's  fatal  illness,  and  the  mode  and  manner  of  his 
death. 

3.  In  the  irremediable  absence  of  such  evidence  the  testi- 
mony of  credible  witnesses  will  be  considered,  provided  the 
witnesses  show  themselves  competent  to  testify  to  the  death 
cause  and  their  testimony  is  in  all  other  respects  satisfactory. 
If  a  substantial  doubt  arises  as  to  the  character  and  origin 
of  the  fatal  disease  the  case  should  be  referred  for  special 
examination. 

4.  If  a  soldier,  not  a  pensioner,  has  died  since  discharge, 
whether  he  filed  an   application  for  pension  or  not,  the 
widow  must  first  establish  his  right  by  the  evidence  re- 
quired to  prove  an  invalid  claim,  the  date  of  his  death? 
and  that  it  occurred  by  reason  of  the  pensionable  disability. 
In  such  cases  the  death  cause  should  be  proven  by  a  public 
record,  or  medical  evidence,  the  testimony  of  one  physician 


54  PRACTICE    OF    THE    PENSION    BUREAU. 

being  generally  sufficient  to  establish  the  point,  provided 
he  was  the  soldier's  attending  physician  and  has  personal 
knowledge  of  the  cause  of  his  death. 

5.  In  considering  parol   testimony  to  show  origin  and 
continuance  of  disability  in  widows'  claims,  the  same  rules 
should  apply  with  reference  to  the  quality  and  quantity  of 
testimony  and  to  its  verification  as  are  laid  down  under  the 
head  of  "proof  in  invalid  claims,"  and  the  legal  presump- 
tions that  arise  concerning  disabilities  and  their  origin  and 
continuance  in  invalid  claims  apply  equally  as  well  to  claims 
of  widows.     If  there  is  no  record  of  the  alleged  disability 
in  the  service  and  the  soldier  never  applied  for  pension,  a 
strong  presumption  against  the  widow's  claim  arises,  which 
can  only  be  overcome  by  the  most  positive  and  direct  evi- 
dence, and  in  the  absence  of  medical  testimony  of  treatment 
at  or  soon  after  discharge,  for  the  disabilities  alleged,  favor- 
able action  is  not  generally  warranted  without  a  thorough 
special  examination. 

6.  To  establish  a  widow's  title  in  her  own  right,  the  basis 
of  her  claim  otherwise  having  been  made  to  appear,  the 
first  point  required  to  be  proven  is,  as  stated,  that  the 
claimant  was  legally  married  to  the  soldier  on  account  of 
whose  service  and  death  she  claims  pension.     Section  2 
of  the  act  of  August  7,  1882,  provides  that:  " Marriages, 
except  such  as  are  mentioned  in  section  4705  of  the  Revised 
Statutes,  shall  be  proven  in  pension  cases  to  be  legal  mar- 
riages according  to  the  law  of  the  place  where  the  parties 
resided  at  the  time  of  marriage,  or  at  the  time  when  the 
right  to  pension  accrued." 

The  act  of  February  19,  1887,  relates  to  proof  of  mar- 
riages in  the  Territories. 

PROOF    OF   MARRIAGE. 

A  marriage  may  be  proven  by  the  following  testimony, 
and  its  weight  is  according  to  the  order  given : 

(a)  By  u  verified  copy  of  a  church  or  public  record. 


PRACTICE    OF    THE    PENSION    BUREAU.  55 

(b)  By  the  affidavit  of  the  clergyman  or  officer  who  per- 
formed the  ceremony. 

(c)  By  the  testimony  of  two  or  more  eye-witnesses  of  the 
ceremony. 

(d)  By  a  verified  copy  of  the  church  record  of  the  bap- 
tism of  the  children. 

(e)  Or,  in  a  case  where  the  above  indicated  evidence  can 
not  be  had,  a  marriage  may  be  presumed  upon  the  testi- 
mony of  two  or  more  credible  witnesses  who  know  that  the 
parties  lived  together  as  husbaiid  and  wife  for  a  number 
of  years,  acknowledged  each  other  as  such,  and  were  so 
received  by  reputable  persons  in  the  community  in  which 
they  resided — that  is,  such  evidence  (when  it  is  clearly 
shown   that  better   testimony  can   not  be  had)   will  be 
accepted,  as  evidence  of  the  fact  that  a  ceremony  was  per- 
formed. 

Special  provision  is  made  concerning  proof  of  marriage 
of  colored  and  Indian  soldiers  by  section  4705  of  the  Revised 
Statutes,  under  which  marriage  is  proven  by  showing  that 
the  parties  "were  joined  in  marriage  by  some  ceremony 
deemed  by  them  obligatory,  or  habitually  recognized  each 
other  as  husband  and  wife,  and  were  so  recognized  by  their 
neighbors,  and  lived  together  as  such  up  to  the  date  of 
enlistment,  when  such  soldier  or  sailor  died  in  the  service, 
or  if  otherwise,  to  date  of  death." 

It  is  held  that  all  enactments  of  Congress  relating  to  the 
marriage  of  colored  soldiers  contemplate  only  negroes  who 
were  slaves  or  who  resided  in  States  wherein  their  marriage 
may  not  have  been  legally  solemnized.  They  neither  refer 
to  nor  include  negro  soldiers  or  their  families  who  were  free 
or  who  resided  in  States  where  they  could  have  solemnized 
legal  marriage. 

The  evidence  furnished  in  claims  presented  under  the 
provisions  of  section  4705,  Ilevised  Statutes,  must  be  clear 
and  positive,  and  where  the  testimony  is  not  of  the  very 
best  character,  the  case  should  not  be  allowed  without  a 
special  examination. 


56  PRACTICE    OF    THE    PENSION    BUREAU. 

LEGAL   BAR   TO   MARRIAGE. 

1.  The  widow  is  required  to  state  in  lier  declaration  that 
there  existed  DO  legal  bar  to  her  marriage  with  the  soldier. 
If  either  she  or  the  soldier  had  been  previously  married 
the  facts  in  relation  to  said  marriage  or  marriages  should 
be  stated  by  her,  and  if  such  prior  marriage  was  dissolved 
by  death  or  divorce,  that  fact  must  be  shown  by  the  best 
obtainable  evidence. 

2.  A  marriage  by  a  party  while  he  or  she  has  a  former 
wife  or  husband  living  and  undivorced  is  void;  but  where 
a  matrimonial  cohabitation  commences   between   parties 
under  a  contract  of  marriage  which  is  void,  a  subsequent 
actual  marriage  may  be  presumed  to  have  been  entered  into 
after  the  removal  of  the  disability,  from  acts  of  recognition 
by  the  parties,  continued  matrimonial  cohabitation  and 
general  repute  showing  consent.     The  evidence  in  such 
cases  should  always  be  carefully  guarded,  and,  as  a  rule, 
the  facts  must  be  determined  by  a  special  examination. 

3.  A  divorced  wife  has  no  title  to  pension  on  account  of 
the  death  of  her  divorced  husband. 

LAWFUL   WIDOW. 

1.  Remarriage  forfeits  the  widow's  title  to  a  future  pen- 
sion.    If  a  widow  alleges  that  she  has  not  remarried  since 
the  soldier's  death,  that  fact  should  always  be  proved  by 
competent  testimony. 

2.  The  open,  notorious  and  adulterous  cohabitation  of  a 
widow  who  is  a  pensioner  or  an  applicant  for  a  pension,  on 
account  of  the  service  and  death  of  her  husband,  will  also 
work  a  forfeiture  of  her  right  to  a  pension ;  and  such  cohab- 
itation may  be  proved  by  her  conduct  in  habitually,  openly, 
and  notorious^  consorting  with  one  or  more  persons  of  the 
opposite  sex  under  circumstances  which  would  lead  the 
guarded  discretion  of  a  reasonable  and  just  man  to  infer 
from  such  relation,  as  a  necessary  conclusion,  that  it  was 
illicit.    But  adulterous  cohabitation  prior  to  August  7, 1882, 


PRACTICE    OF    THE    PENSION    BUREAU.  57 

is  no  bar  to  pension,  when  such  cohabitation  Lad  ceased 
before  that  date.  The  adulterous  cohabitation  of  a  widow 
subsequent  to  the  passage  of  the  act  of  August  7,  1882, 
works  a  forfeiture  of  her  pension  or  right  to  a  pension  from 
the  commencement  of  such  cohabitation. 

3.  If  the  soldier  left  a  widow  who  is  entitled  to  a  pension 
by  reason  of  his  death,  and  a  child  or  children  under  16 
years  of  age  by  such  widow,  her  title  to  pension  may  be 
forfeited  by  her  abandonment  of  the  care  and  custody  of 
such  child  or  children,  or  upon  satisfactory  proof  that  she 
is  an  unsuitable  person,  by  reason  of  immoral  conduct,  to 
have  the  custody  of  the  same.     Section  4700  of  the  Eevised 
Statutes  provides  that  no  pension  shall  be  allowed  to  such 
widow  until  such  child  or  children  have  attained  the  age 
of  16  years. 

4.  The  proof  required  in  a  widow's  claim  should  therefore 
establish  the  fact  that  she  has  not  remarried  since  the  sol- 
dier's death ;  and  where  there  is  a  substantial  doubt  on  this 
point,  arising  from  the  evidence  produced,  the  case  should 
be  referred   for  a  special  examination.     If  the  widow's 
application  is  filed  within  a  short  period  after  the  soldier's 
deaUi,  and  the  proof  is  complete  on  other  points,  no  require- 
ment as  to  her  remarriage  should  be  made. 

5.  In  all  claims  of  widows  for  pension,  or  accrued  pension, 
competent  testimony  should  be  produced  showing  that  she 
and  the  soldier  were  never  divorced  from  each  other,  and 
that  they  lived  together  as  man  and  wife  up  to  the  date  of 
the  soldier's  death.    If  for  any  reason  they  were  not  living 
together  at  the  time  of  his  death,  but  their  separation  was 
by  mutual  agreement,  or  otherwise,  not  by  legal  divorce, 
all  the  facts  relating  to  such  separation  should  be  fully 
produced  in  evidence,  in  order  that  her  rights  may  be  fully 
and  clearly  determined. 

WHERE    SOLDIER   HAS   FILED   AN   APPLICATION. 

1.  If  the  soldier  had  filed  an  application  for  pension  and 
the  same  is  pending  at  the  date  of  his  death,  the  widow, 


58  PRACTICE    OF    THE    PENSION    BUREAU. 

on  perfecting  the  claim,  is  entitled  to  the  accrued  pension 
due  thereon,  which  will  be  allowed  upon  the  same  evidence 
as  if  he  were  living.  Such  pension  will  end  on  the  day  of 
his  death,  and  the  brief  should  authorize  its  payment  to 
the  widow. 

2.  In  such  cases  the  widow  may  establish  the  basis  of 
her  title  by  perfecting  such  claim,  or  by  showing  that  the 
soldier  contracted  another  and  different  disability  in  the 
service  and  died  by  reason  thereof. 

3.  If  the  widow  completes  the  pending  claim  of  her  hus- 
band, she  will  be  entitled,  on  request,  to  receive  the  accrued 
pension  without  further  testimony  than  to  prove  the  fact 
and  date  of  the  soldier's  death,  and  that  she  was  his  lawful 
wife  when  he  died. 

4.  It  may  be  that  the  said  soldier  did  not  die  by  reason 
of  a  disability  contracted  in  the  service,  and  therefore  the 
widow  would  not  be  able  to  obtain  a  pension  in  her  own 
right.     The  adjudication  of  the  invalid  claim  in  such  cases 
should  not  be  delayed  to  take  final  action  in  her  own  claim; 
but  in  the  absence  of  a  request  for  such  delay,  or  of  any 
special  reason  for  it,  both  claims  should  be  adjudicated  at 
the  same  time. 

WIDOWS    OF   PENSIONERS. 

When  a  soldier  who  is  a  pensioner  dies  leaving  a  widow, 
she  is  entitled  to  the  accrued  pension  due  upon  his  certifi- 
cate, on  proof  of  his  death  and  the  date  thereof,  and  that 
she  was  his  lawful  wife  when  he  died.  In  such  cases,  if 
the  pensioner  died  of  the  disability  for  which  he  was  pen- 
sioned, or  if  he  died  of  some  other  disability  contracted  in 
the  military  or  naval  service  and  line  of  duty,  the  widow 
may  establish  her  claim  to  a  pension  in  her  own  right  by 
showing  these  facts  as  heretofore  indicated.  When  the 
widow  applies  for  pension  in  her  own  right,  her  application 
will  be  accepted  as  covering  any  accrued  pension  due  the 
soldier  at  the  date  of  his  death,  and  no  separate  applica- 
tion for  the  same  is  required.  In  cases  of  this  kind  the 


PRACTICE  OF  THE  PENSION  BUREAU.      59 

action  of  the  Bureau  will  be  prompt,  and  the  calls  for  the 
necessary  evidence  will  be  made,  and  the  case  submitted 
to  the  Board  of  Review  when  complete,  without  any  unnec- 
essary delay. 

COMMENCEMENT    OF     WIDOW'S    PENSION    AND    INCREASE 
OF   PENSION   UNDER   THE    GENERAL   LAW, 

1.  If  a  soldier  dies  after  discharge  having  a  claim  for 
pension  pending,  or  dies  in  the  service,  or  while  a  pen- 
sioner, the  pension  of  his  widow,  if  she  is  entitled,  will 
commence  on  the  day  succeeding  his  death;  but  if  he  died 
after  discharge,  without  filing  a  claim,  her  pension  will 
commence  on  the  day  of  his  death. 

2.  A  widow  is  entitled,  in  addition  to  pension  in  her  own 
right,  to  $2  per  month  for  each  surviving 'minor  child  of 
the  soldier,  provided  such  minor  was  under  16  years  of 
age  on  the  25th  of  July,  1866;  or  if  he  died  subsequent  to 
that  time,  and  they  were  under  that  age  at  his  death;  the 
increase  which  is  allowed  on  account  of  such  minors  is  a 
personal  right,  terminating  as  the  minors  respectively  be- 
come 16  years  of  age,  or  in  case  of  death. 

3.  The  increase  on   account  of  minor  children  can  not 
commence  prior  to  July  25,  1866,  or  prior  to  the  date  of 
their  birth,  if  born  after  soldier's  death,  in  any  case,  and 
the  increase  granted  to  the  widow  on  account  of  the  minor 
children  of  the  soldier  by  a  former  wife  can  be  paid  her 
only  for  such  period  of  her  widowhood  as  she  has  been,  or 
shall  be,  charged  with  the  maintenance  of  such  child  or 
children.     When  increase  is  claimed  on  account  of  minor 
children  by  a  former  wife,  it  must  be  shown  by  satisfactory 
evidence  that  the  claimant  is  and  has  been  charged  with 
their  maintenance  during  the  period  alleged. 

4.  Pensions  to  widows  are  graded  according  to  the  rank 
held  by  the  soldier  at  the  time  the  fatal  disease  was  con- 
tracted.    If  the  pensionable  rank  is  below  that  of  a  com- 
missioned officer,  the  rate  is  88  per  month,  prior  to  March 
19,  1886,  and  $12  from  and  after  that  date,  provided  she 


60  PRACTICE    OF    THE    PENSION    BUREAU. 

was  married  to  the  soldier  or  sailor  prior  to  March  19, 1886, 
or  was  married  to  such  soldier  or  sailor  prior  to  or  during 
his  pensionable  service. 

0.  If,  for  any  reason,  the  widow  was  not  granted  increase 
of  pension  on  account  of  the  minor  children  of  the  soldier, 
she  may  file  a  declaration  for  increase  on  account  of  such 
minors.     In  such  declaration  she  should  state  .that  she  is  a 
pensioner  in  her  own  right ;  that  she  remains  the  widow  of 
such  soldier,  or  that  she  has  remarried  if  such  be  the  fact ; 
that  she  has  not  willfully  abandoned  the  support  of  any 
one  of  the  children  claimed  for,  and  whether  she  has  had 
the  care  and  maintenance  of  such  children.     It  is   pro- 
vided by  law  that  a  widow  shall  not  be  deprived  of  the 
increase  granted  on  account  of  minor  children  by  reason 
of  their  being  maintained  in  whole  or  in  part  at  the  ex- 
pense of  a  State  or  the  public  in  any  educational  institu- 
tion, or  in  any  institution  organized  for  the  care  of  soldier's 
orphans.    Also  that  children  born  before  the  marriage  of 
their  parents,  if  acknowledged  by  the  father  before  or  after 
the  marriage,  shall  be  deemed  legitimate.     In  cases  of  this 
kind  the  proof  of  such  acknowledgment  should  be  direct 
and  conclusive. 

PROOF   OF   BIRTH   OF   MINORS. 

1.  The  proof  required  of  the  widow   to   support  such 
declaration  is,  to  sbow  the  names  and  dates  of  births  of 
the  children  of  the  soldier  through  whom  title  to  pension 
is  claimed.    This  may  be  done  by  the  following  testimony, 
which  will  be  accepted  in  the  order  given,  to  wit : 

(a)  By  a  duly  verified  copy  of  the  church  record  of  bap- 
tism or  other  public  record. 

(ft)  By  the  affidavit  of  the  physician  who  attended  the 
mother. 

(c)  By  the  testimony  of  the  midwife,  or  of  one  or  more  per- 
sons who  were  present  at  the  birth.  All  witnesses  should 
state  their  means  of  knowledge,  and  thus  show  that  they 


PRACTICE  OF  THE  PENSION  BUREAU.      61 

were  present  or  are  otherwise  competent  to  give  the  pre- 
cise dates. 

2.  A  widow  is  required  to  state  iu  her  declaration  whether 
the  minor  children  still  survive,  and  she  should  also  prove 
that  fact  by  competent  testimony. 

BRIEFING   CLAIMS   OF   WIDOWS. 

1.  The  face  of  the  brief  in  a  claim  of  a  widow  should 
contain  the  following  facts: 

(a)  The  character  of  the  claim,  name,  and  post-office  ad- 
dress of  the  claimant. 

(b)  The  name  of  the  soldier,  rank,  service,  dates  of  en- 
listment, muster,  and  discharge,  unless  he  died  in  the 
service. 

(c)  Date  of  soldier's  death  and  date  of  filing  the  widow's 
application. 

(d)  Date  when  invalid  application  was  filed  and  date  to 
which  he  was  last  paid. 

(e)  Date  of  marriage  to  the  soldier,  and,  if  he  had  a 
former  wife,  the  date  of  the  marriage  and  death  of  such 
wife. 

(/)  Rates  of  pension  and  dates  of  their  commencement. 
Also  date  of  termination  of  pension  and  cause  of  such  ter- 
mination, if  there  be  any. 

(g)  The  names  and  dates  of  birth  of  all  minor  children 
of  the  soldier,  living  or  dead,  who  were  under  16  years  of 
age  at  the  time  of  his  death. 

(h)  Name  and  post-office  address  of  the  attorney,  the 
amount  of  fee  to  be  paid  to  him,  and  the  date  of  filing  arti- 
cles of  agreement. 

2.  It  should  also  appear  when  said  minors  became,  or 
shall  become,  10  years  of  age,  and  if  any  have  died,  the 
date  of  death;  and  the  date  of  commencement  of  the  in- 
crease on  account  of  such  minors  should  be  stated.     The 
history  of  attorneyships  should  be  carefully  stated  on  the 
brief  in  order  that  the  question  as  to  the  recognition  of 
the  attorney  may  be  determined.     The  date  of  submission 


62      PRACTICE  OF  THE  PENSION  BUREAU. 

should  appear  and  also  whether  the  claim  is  submitted  for 
admission  or  rejection,  and  the  brief  must  be  signed  by 
the  examiner. 

LEGAL  AND  MEDICAL  REVIEW  OF  WIDOWS'  CLAIMS  UNDER 
THE   G-ENERAL   LAW. 

1.  The  legal  and  medical  review  of  widows'  claims  for 
pension  may  be  properly  considered  together,  inasmuch 
as  the  duties  of  the  respective  reviewers  have  been  spe- 
cifically considered  in  the  review  of  invalid  claims.     The 
observations  made  under  the  same  title  in  invalid  claims 
apply  herein  with  the  following  qualifications,  and  in  addi- 
tion thereto  but  few  points  need  be  mentioned. 

2.  No  medical  review  is  required  in  cases  where  the 
cause  of  death  is  entirely  a  question  of  fact  and  is  shown 
by  the  records  of  the  War  or  Navy  Department.     In  such 
cases  it  is  the  province  of  the  legal  reviewer  to  determine 
all  the  questions. 

3.  All  claims  qf  widows  other  than  described  should  be 
referred  to  the  medical  referee  for  a  determination  of  the 
cause  of  death  and  its  pathological  connection  with  the 
disability  shown  to  be  of  service  origin,  the  legal  reviewer 
first  passing  upon  all  legal  questions  involved.     It  is  the 
province  of  the  medical  reviewer  to  pass  upon  the  imme- 
diate as  well  as  the  remote  cause  of  death  in  widows1 
claims;  but  the  legal  reviewer  must  determine  whether  the 
soldier  contracted  a  pensionable  disability  in  the  service 
and  line  of  duty,  and  whether  continuance  of  such  disabil- 
ity has  been  shown  from  discharge  to  date  of  death.     On 
this  finding  the  medical  reviewer  must  determine,  as  stated, 
whether  the  soldier  died  of  such  disability  so  contracted  or 
of  a  pathological  sequence  thereof. 

4.  In  determining  pathological  sequences  in  claims  of 
widows,  the  same  evidence  should  be  required  and  the 
same  rules  applied  as  in  those  for  invalids.    The  medical 
reviewer  may,  at  his  discretion,  make  a  requirement  for 
additional  testimony  in  cases  not  established. 


PRACTICE  OF  THE  PENSION  BUREAU.      63 

5.  In  the  review  of  widows'  claims  the  legal  reviewer 
should  apply  the  same  rules  with  reference  to  the  character 
and  amount  of  evidence  required  as  are  laid  down  under 
the  head  of  requirements  in  invalid  claims,  and  an  approval 
should  never  be  made  in  a  widow's  claim  for  a  disability 
unless  it  is  proven  in  accordance  with  the  rules  established 
herein  for  the  approval  of  invalid  claims. 

A  widow's  claim  should  not  be  rejected  by  the  legal  re- 
viewer, when  a  pensionable  disability  has  been  established, 
Avithout  the  concurrent  action  of  the  medical  division.  If 
the  evidence  is  sufficient  to  prove  origin  and  continuance 
of  a  pensionable  disability,  the  claim  should  be  approved 
for  the  same  by  the  legal  reviewer,  leaving  the  question  as 
to  whether  the  cause  of  death  is  a  pathological  sequence  of 
such  disability  to  the  medical  referee.  But  when  the  evi- 
dence clearly  fails  to  show  origin  and  continuance  of  any 
disability,  the  case  should  be  rejected  by  the  legal  reviewer 
without  reference  to  the  medical  division,  for  the  reason 
that  there  is  no  basis  for  medical  action  in  such  a  case. 

CLAIMS   OF   MINORS   FOR   PENSION   UNDER   THE    GENERAL 

LAAV. 

1.  If  a  soldier  has  died  under  such  circumstances  as  would 
have  entitled  his  widow  to  pension,  the  legitimate  minors 
of  such  soldier  under  the  age  of  16  years  also  become  en- 
titled, provided  the  rights  of  the  widow  do  not  intervene. 
That  is,  if  such  soldier  left  no  widow,  his  minors  become 
entitled  to  pension;  or,  if  the  soldier  left  a  widow,  when 
her  title  terminates  the  minors  who  are  then  under  16  years 
of  age  succeed  to  her  rights. 

2.  A  declaration  for  pension  of  minors  should  be  executed 
as   declarations   for   original   pension,   and   the  following 
points  should  be  covered  by  allegation: 

(a)  Name,  post-office  address  of  the  guardian,  and  that 
lie  has  been  duly  appointed. 

(b)  lS"ame,  rank,  service,  date,  and  cause  of  death  of  the 
soldier  through  whom  title  to  pension  is  claimed. 


64      PRACTICE  OF  THE  PENSION  BUREAU. 

(c)  Xature  of  wounds  and  all  circumstances  attending 
them,  or  the  disease  and  manner  in  which  it  was  incurred, 
in  either  case  showing  soldier's  death  to  have  been  the 
sequence.     (This  requirement  is   not  necessary  in   cases 
where  the  widow  was  pensioned.) 

(d)  That  the  soldier  left  no  widow,  or,  if  he  did,  that  she 
is   dead   or  remarried,   or   for   any  reason   her   title   has 
terminated. 

(e)  That  the  father  of  the  minors  was  legally  married  to 
their  mother. 

(/)  Names,  dates  of  birth  of  all  legitimate  children  of 
the  soldier  under  16  years  of  age  at  the  time  of  his  death, 
and  if  any  such  minors  have  deceased  that  fact  should 
appear. 

When  made  by  a  guardian,  the  declaration  should  be 
accompanied  by  properly  certified  letters  of  guardianship. 

PROOF  IN  CLAIMS  FOR  PENSIONS  OF  MINORS  UNDER 
THE  GENERAL  LAW. 

1.  If  a  soldier  dies  and  leaves  no  widow,  or  if  he  left  one 
who  died  or  remarried  without  having  filed  an  application, 
then  the  minors,  or  their  guardian,  must  prove  the  neces- 
sary facts  to  establish  an  invalid  claim  $  and  to  show  their 
own  right  it  must  be  proven  that  their  mother  was  the 
lawful  wife  of  the  soldier,  the  fact  and  date  of  her  remar- 
riage or  death,  or  that  in  some  manner  she  has  been 
divested  of  her  title.  The  cause  and  date  of  the  soldier's 
death,  and  that  it  was  due  to  a  disability  contracted  in  the 
service  and  line  of  duty,  must  also  be  proven;  the  i'acts 
and  dates  of  births  of  the  claimants,  and  that  the  soldier 
left  no  other  minors  under  16  years  of  age  at  the  time  of 
his  death  than  those  for  whom  pension  is  claimed.  If  the 
soldier  left  any  minor  under  16  years  of  age  who  has  since 
deceased,  that  fact  should  also  be  proved.  If  the  mother 
of  the  children  died  before  the  father,  it  must  be  shown 
whether  he  again  married. 


PRACTICE  OF  THE  PENSION  BUREAU.      65 

2.  All  these  facts  must  be  proven  by  the  same  character 
and  amount  of  evidence  as  is  required  to  establish  claims 
of  widows  for  pension.  Kemarriage  is  proven  by  the  same 
evidence  as  marriage  in  original  claims.  The  fact  of  the 
death  of  a  widow  or  of  any  of  the  minors  may  be  proven  by 
the  testimony  of  one  or  more  witnesses  having  personal 
knowledge  of  the  facts. 

BRIEFING   CLAIMS   OF  MINORS   FOR   PENSION   UNDER  THE 
GENERAL  LAW. 

1.  The  face  of  a  brief  in  a  claim  of  minors  should  contain 
the  following  facts : 

(«•)  The  character  of  the  claim,  name  and  post-office 
address  of  the  guardian. 

(ft)  Names  of  the  minors  in  full,  and  if  any  of  the  female 
minors  are  married  their  married  name  should  also  be 
stated  at  the  head  of  the  brief. 

(c)  The  post-office  address  of  those  who  are  to  be  paid 
upon  their  own  vouchers. 

All  other  entries  in  regard  to  dates  of  commencement, 
etc.,  are  the  same  as  in  widows'  claims. 

2.  Whenever  a   minor  shall  have  attained  his  or  her 
majority  under  the  law  of  the  State  in  which  he  or  she 
resides  his  or  her  portion  of  the  pension  will  be  paid  on  the 
individual  voucher  of  such  child.     If  any  of  the  minors 
have  died  before  the  allowance  of  the  claim,  their  names 
should  not  appear  on  the  brief,  as  the  right  to  pension  on 
their  account  has  abated. 

It  is  very  important  in  completing  minors'  claims  to  see 
that  all  children  of  the  soldier  are  accounted  for  who  could 
possibly  share  the  pension  if  they  are  living.  If  any  of 
the  minors  have  disappeared  and  it  can  not  be  ascertained 
whether  they  are  alive  or  dead,  the  case  should  be  approved, 
allowing  their  proportionate  share  of  the  pension  to  the 
children  who  have  applied,  and  withholding  the  share  due 
on  account  of  the  minors  who  are  missing. 
19078 5 


66  PRACTICE    OF    THE    PENSION    BUREAU. 

COMMENCEMENT   OF  MINORS7  PENSION   UNDER   THE 
GENERAL   LAW. 

1.  If  a  soldier  dies  in  the  service,  or  while  a  pensioner, 
or  after  discharge,  having  a  claim  for  pension  pending, 
leaving  no  widow,  the  minors,  if  entitled,  will  be  pensioned 
from  the  date  of  his  death;  but  if  he  died  after  discharge, 
without  filing  a  claim,  their  pension  will  commence  on  the 
date  of  his  death.    If  he  left  a  widow,  the  pension  of  the 
minors,  except  in  cases  under  section  4706,  act  of  August 
7,  1882,  and  overpayments,  always  begins  on  the  day  after 
her  remarriage  or  death,  or  on  the  day  after  her  title  has 
terminated.    The  minors  of  a  soldier  are  pensioned  from 
the  day  of  "his  death  if  the  widow  dies  without  receiving  a 
pension,  110  matter  whether  she  made  an  application  or  not; 
but  if  she  remarries  and  is  living,  under  no  circumstances 
can  they  be  pensioned  from  a  date  prior  thereto;  although 
if  she  remarries  ami  dies  without  receiving  her  pension  or 
any  part  of  it,  the  minors  are  pensioned  from  the  date  of 
the  soldier's  death. 

2.  Payment  of  pension  to  a  widow,  under  the  act  of  June 
27, 1890,  is  not  payment  of  any  part  of  the  pension  pro- 
vided for  widows  by  the  general  law,  and  does  not  debar 
the  minor  child  or  children  from  applying  for  and  receiving 
the  general-law  i>ension  from  the  date  of  the  soldier's 
death  to  the  date  at  which  the  widow's  pension  under  the 
act  of  June  27,  1890,  commenced. 

If  the  widow  received  her  pension,  or  any  part  of  it 
under  the  general  law,  and  then  died,  the  minors  are  pen- 
sioned from  the  date  of  her  death.  If  a  pensioned  widow 
has  drawn  pension  after  remarriage,  and  had  the  care  of 
the  soldier's  children  for  the  time  between  remarriage  and 
the  date  of  last  payment,  pension  to  the  minors  will  begin 
on  the  day  to  which  she  was  last  paid.  If  she  was  not 
overpaid,  or  if  she  did  not  have  the  care  of  the  children 
for  the  time  she  was  overpaid,  they  are  pensioned  from  the 
date  of  her  remarriage. 


PRACTICE  OF  THE  PENSION  BUREAU.       67 

3.  In  every  case  of  remarriage,  before  the  claim  of  the 
minors  is  allowed,  it  is  necessary  that  the  date  to  which  the 
widow  was  last  paid  should  be  ascertained  by  a  call  on  the 
Auditor  for  the  Interior  Department,  Treasury  Depart- 
ment. 

4.  The  phrase  "from  the  date  of"  any  event  means  the 
day  after  such  event. 

5.  The  limitation  as  to  date  of  filing  applications  for 
pension  prescribed  in  the  act  of  March  3,  1879,  does  not 
apply  to  claims  by  or  in  behalf  of  insane  persons  and 
children  under  16  years  of  age. 

A  properly  executed  declaration  filed  by  or  in  behalf  of 
such  chidren  by  their  "next  friend"  will  be  accepted  as  a 
valid  declaration,  but  payment  of  pension  during  the  legal 
minority  of  such  children  must  be  made  to  a  duly  consti- 
tuted guardian. 

G.  As  in  the  case  of  widows,  an  increase  of  $2  per  month 
will  be  allowed  for  each  minor,  but  in  no  case  can  it  com- 
mence prior  to  the  passage  of  the  act  allowing  such  increase, 
July  25,  1866.  Therefore,  though  the  commencement  of 
original  pension  is  governed  by  the  rules  heretofore  set 
forth,  when  reference  is  made  to  the  date  of  commencement 
of  minors'  pension  it  is  to  be  understood  that  increase  can 
not  begin  prior  to  the  date  mentioned. 

7.  The  rates  of  pension  to  minor  children  are  governed 
by  the  same  rules  as  those  relating  to  widows,  except  that 
minors  are  entitled  to  the  $12  rate  after  March  19,  1886, 
whether  the  marriage  of  their  parents  occurred  prior  or 
subsequent  to  that  date. 

8.  Under  section  4706  of  the  Eevised  Statutes,  the  aban- 
donment of  the  children  of  a  soldier  by  his  widow,  or  her 
unfitness  to  have  the  care  and  custody  of  them,  may  be 
proved  by  the  certificate  of  the  court  having  probate  juris- 
diction over  the  persons  of  such  minors,  or  by  other  satis- 
factory evidence  of  such  facts.    The  minors  of  the  soldier 
by  such  widow  are  entitled  to  the  original  as  well  as  the 
increase  pension  until  they  severally  attain  the  age  of  16 


68  PRACTICE    OF    THE    PENSION    BUREAU. 

years;  but  a  widow  can  not  be  deprived  of  her  pension 
under  this  section  by  reason  of  abandonment  or  by  reason 
of  being  an  unfit  person  to  have  the  care  and  custody  of 
the  children  by  a  former  wife,  but  the  increase  granted  to 
such  widow  on  account  of  such  minors  can  be  paid  to  her 
only  so  long  as  she  is  charged  with  tlieir  care  and  main- 
tenance. The  increase  pension  due  to  such  minors  can  be 
paid  to  their  guardian  during  the  lifetime  of  the  widow 
when  she  does  not  have  the  care  and  maintenance  of  them. 
When  a  widow  has  forfeited  her  title  to  pension  under  the 
provisions  of  section  4706  of  the  Revised  Statutes  or  under 
the  act  of  August  7,  1882,  the  pension  of  the  minors  com- 
mences from  the  date  of  the  last  payment  to  the  widow,  or 
if  she  was  not  a  pensioner,  from  the  date  of  the  forfeiture 
of  her  title  to  pension. 

LEGAL  AND  MEDICAL  REVIEW  OF  CLAIMS  OF  MINORS 
FOR  PENSION  UNDER  THE  GENERAL  LAW. 

1.  As  minors  succeed  to  the  rights  of  the  widow  of  a 
soldier  when  her  title  has  terminated,  the  remarks  under 
the  same  title  in  widows'  claims  very  largely  apply  herein. 
To  avoid  repetition,  reference  is  had  to  the  observations 
under  said  title. 

2.  Where  a  widow's  claim  has  been  adjudicated,  the  basis 
of  the  widow's  title  and  the  cause  of  the  soldier's  death 
having  been  determined,  no  medical  questions  arise  upon 
the  review  of  the  minor's  claim,  the  questions  for  consider 
ation  being  only  legal.    Where  a  widow's  claim  has  not 
been  adjudicated,  the  same  rule  applies  concerning  the 
relations  of  the  legal  and  medical  reviewers  to  the  case 
as  has  been  given  concerning  widows'  claims  for  original 
pension. 

CLAIMS  OF  DEPENDENT  RELATIVES  FOR  PENSION  UNDER 
THE  GENERAL  LAW. 

1.  If  a  soldier  died  of  a  disability  contracted  in  the  serv- 
ice under  such  circumstances  as  would  have  entitled  him  to 
pension,  and  leaves  neither  widow  nor  legitimate  minor 


PRACTICE  OF  THE  PENSION  BUREAU.      69 

child,  certain  relatives  of  such  soldier,  if  any  survive,  who 
were  dependent  in  whole  or  in  part  on  said  soldier  at  the 
time  of  his  death,  become  entitled.  Under  the  statute 
granting  pensions  to  dependent  relatives,  the  mother  of  the 
soldier  is  first  entitled;  secondly,  the  father;  thirdly, 
orphan  brothers  and  sisters  under  16  years  of  age,  who 
shall  be  pensioned  jointly. 

2.  A  dependent  mother  is  always  pensioned  from  the 
date  of  the  soldier's  death,  provided  her  application  was 
filed  prior  to  July  1, 1880;  otherwise  the  pension  will  begin 
at  the  date  of  filing  the  declaration  and  cease  at  her  remar- 
riage. If  the  mother  died  before  the  death  of  the  soldier, 
the  pension  of  the  father  begins  at  the  date  of  the  soldier's 
death,  if  the  claim  was  filed  prior  to  July  1,  1880;  other- 
wise it  will  commence  at  date  of  filing  his  claim.  If  the 
mother  was  dependent,  upon  her  death  the  father,  if  sur- 
viving, will,  provided  his  application  was  filed  within  the 
limitation,  be  pensioned  from  the  date  of  her  death;  other- 
wise the  pension  will  begin  at  the  date  of  filing  the  decla- 
ration. 

DECLARATION  FOB  PENSION  OF  A  MOTHER. 

A  declaration  for  pension  of  a  mother  must  be  executed 
and  witnessed  as  other  declarations  for  original  pension, 
and  the  following  points  should  be  covered  by  allegation: 

(a)  ^Relationship  and  post-office  address. 

(ft)  Name,  rank,  service,  cause,  and  date  of  the  death  of 
the  soldier. 

(c)  Celibacy  of  the  son. 

(d)  Dependence  in  whole  or  in  part  at  date  of  soldiers 
death  and  since. 

(e)  Names  and  ages  of  other  children,  if  any,  of  claimant. 
(/)  Whether  the  husband  is  living  or  not,  his  age  and 

physical  condition  from  soldier's  death. 

(g)  That  she  has  not  aided  or  abetted  the  rebellion. 

(h)  Whether  her  son  through  whom  title  to  pension  is 
claimed  was  a  pensioner  or  not,  or  had  filed  an  application 
at  the  time  of  his  death. 


70      PRACTICE  OF  THE  PENSION  BUREAU. 

(i)  If  soldier's  father  has  deceased,  claimant  should  state 
whether  she  has  remarried. 

PROOF  IN  CLAIMS  OF  DEPENDENT  MOTHERS  UNDER  THE 
GENERAL  LAW. 

To  support  a  declaration  the  claimant  must  establish  her 
title  in  the  following  manner: 

(a)  The  basis  of  her  title  to  pension  by  the  same  proof 
required  to  establish  an  invalid  right. 

(ft)  In  addition  thereto  she  must  show  that  the  soldier 
left  no  widow  nor  minor  child  surviving. 

(c)  That  she  is  the  mother  of  the  soldier  who  died  of  a 
disability  contracted  in  service,  and  date  of  his  death. 

(d)  That  the  claimant  was  dependent  in  whole  or  in  part 
upon  the  soldier  for  support  at  the  time  of  his  death. 

WHAT    CONSTITUTES   DEPENDENCE. 

There  is  no  settled  rule  by  which  the  question  of  depend- 
ency can  be  determined,  but  it  must  rest  upon  the  peculiar 
facts  and  circumstances  in  each  case — the  age  of  the  claim- 
ant, the  number  and  condition  of  members  in  the  family 
dependent  upon  her  for  support,  claimant's  surrounding 
circumstances  in  life,  the  husband's  physical  ability  to 
perform  manual  labor,  his  opportunities  for  employment, 
his  habit  of  thrift  and  economy,  and  his  disposition  to  sup- 
port his  family  being  pertinent. 

CELIBACY    OF    SOLDIER. 

1.  The  celibacy  of  the  soldier  and  the  relationship  of  the 
mother  maybe  shown  by  the  testimony  of  two  credible  wit- 
nesses having  personal  knowledge  of  the  facts. 

2.  The  cause  of  death  and  date  thereof  should  be  shown 
by  the  same  character  and  amount  of  evidence  as  is  required 
in  claims  of  widows  for  original  pension. 


PRACTICE    OF    THE    PENSION    BUREAU.  71 

PROOF   OF   DEPENDENCE. 

1.  To  prove  dependence  it  innst  appear  that  prior  to  the 
death  of  the  soldier  his  father  died,  or,  if  living,  did  not 
support  the  claimant.    That  at  the  time  the  soldier  died  she 
had  no  adequate  means  of  support  other  than  the  proceeds 
of  her  own  labor;  and  that  her  son,  provided  he  was  over 
21  years  of  age,  in  whole  or  in  part  contributed  to  or  in 
some  way  recognized  his  obligation  to  so  aid  in  her  support; 
otherwise  no  evidence  of  contributions  is  generally  neces- 
sary.   The  death  of  the  father  may  be  proven  by  two  wit- 
nesses. 

2.  The  claimant,  having  first  proven  the  death  of  her 
husband,  or  that  for  any  reason  he  did  not  support  her, 
must  next  show  that  she  had  not  sufficient  property  in  her 
own  right  to  furnish  an  adequate  support. 

3.  The  proceeds  of  the  labor  of  the  mother  are  not  to  be 
charged  against  her,  no  account  being  taken  of  the  same. 
The  affidavit  of  the  mother  and  father  making  an  exhibit 
of  his  property  should  also  include  an  exhibit  of  hers,  and 
the  certificate  showing  the  taxable  property  of  the  father 
should  also  state  the  facts  concerning  the  property  of  the 
mother. 

4.  If  the  father  was  living,  it  should  in  all  cases  be  ascer- 
tained whether,  at  the  time  of  the  soldier's  death,  and  each 
year  since,  he  had  aoy  property ;  and  if  so,  what  the  income 
therefrom  was  during  said  years,  and  the  amount  of  his 
earnings  by  labor  or  otherwise  during  such  period.     To 
obtain  the  facts  concerning  the  property  and  income  of  the 
father  from  all  sources  is  often  an  exceedingly  difficult  mat- 
ter.   It  should  be  ascertained  from  the  claimant  where  she 
and  her  husband  have  resided  during  each  year  since  the 
death  of  the  soldier,  and  the  claimant  should  show  by  her 
affidavit  and  that  of  her  husband,  a  complete  exhibit  of  his 
and  her  property  during  said  period,  and  a  certificate  from 
the  proper  officer  at  their  place  of  residence  having  charge 
of  the  records  relating  to  the  taxation  of  property,  showing 


72      PRACTICE  OF  THE  PENSION  BUREAU. 

the  amount,  if  any,  of  property,  real  and  personal,  upon 
which  the  husband  or  the  claimant  was  assessed  for  taxa- 
tion during  each  year  since  the  soldier's  death,  but  the 
commercial  as  well  as  the  assessed  value  should  be  given j 
and,  if  the  real  property  is  in  farms,  a  general  description 
of  size,  fertility,  and  productions  should  be  set  forth,  as,  in 
many  instances,  on  account  of  remoteness,  such  property 
may  not  have  a  high  commercial  value,  but  still  be  produc- 
tive and  yield  an  ample  support.  In  claims  filed  after  June 
30,  1880,  dependence  at  date  of  soldier's  death  having  been 
shown,  it  is  only  necessary  to  show  continuance  of  such 
dependence  since  date  of  filing  claim. 

5.  If  the  testimony  of  the  claimant  and  her  husband  and 
the  certificate  of  such  officer  tend  to  show  dependence,  the 
number  of  witnesses  to  perfect  the  proof,  as  in  all  cases, 
must  depend  upon  circumstances.  Where  such  affidavits 
and  certificates  are  satisfactory,  the  testimony  of  two  credi- 
ble witnesses,  having  personal  knowledge  of  the  facts,  will 
usually  be  sufficient  to  show  dependence,  provided  it  is 
shown  that  the  father  of  the  soldier  was  disabled,  or  that 
he  was  a  man  of  intemperate  or  such  habits  as  would  indi- 
cate that  he  neglected  the  support  of  his  family. 

PHYSICAL   DISABILITY   OF   THE   FATHER. 

1.  If  the  claimant's  husband  was  an  able-bodied  man, 
cumulative  evidence,  either  in  the  form  of  correspondence 
with  the  witnesses,  inquiry  of  the  postmaster  if  practi- 
cable, or  direct  testimony,  especially  if  the  period  of  time 
covers  a  great  number  of  years,  should  be  required.  If 
the  claimant's  husband  was  able-bodied,  more  than  two 
witnesses  should  generally  be  required,  for  it  must  be 
shown  by  the  testimony  of  those  with  whom  the  father 
was  associated  in  business  what  his  income  was  during  the 
period  of  time  mentioned;  and  if  he  was  a  laboring  man, 
his  earnings  must  be  shown  by  the  testimony  of  his  em- 
ployers during  the  major  part  of  the  time.  The  number 
of  witnesses  must  therefore  be  governed  by  the  physical 


PRACTICE  OF  THE  PENSION  BUREAU.      73 

condition  of  the  father,  the  business  in  which  he  has 
been  en gaged,  and  whether  he  has  resided  in  the  same 
locality  during  the  time  specified,  and  whether  he  is  living 
or  dead. 

2.  Where  a  father,  by  reason  of  physical  disability,  did 
not  support  his  family,  that  fact  should,  if  possible,  be  es- 
tablished by  medical  evidence.     The  amount  of  testimony 
required  in  such  cases  to  show  physical  disability  must 
necessarily  depend  upon  the  character  of  the  same;  the 
number  of  witnesses  must  also  depend  upon  the  years  to 
be  covered  by  their  testimony. 

3.  It  must  be  remembered  that  dependence  of  a  mother 
does  not  rest  upon  the  physical  inability  of  her  husband 
to  support  her.     The  question,  so  far  as  support  from  the 
father  is  concerned,  is,  did  he,  as  a  fact,  support  the  mother 
of  the  soldier;  not,  whether  he  was  physically  able  to  do 
so;  for  a  husband  though  an  able-bodied  man  may  still  fail 
to  support  his  wife.    It  is  a  question  that  should  usually 
be  determined  by  a  special  examination,  for  the  reason 
that  the  presumptions  are  somewhat  against  the  theory 
that  an  able  bodied  man  can  not  or  will  not  support  his 
family. 

If  a  father  was  over  60  years  of  age  at  the  death  of  the 
soldier,  less  evidence  is  necessary  to  show  his  physical  ina- 
bility to  support  his  wife  and  family,  and  especially  is  this 
true  if  he  was  a  laboring  man. 

If  the  father  permanently  abandoned  the  support  of  sol- 
dier's mother,  the  fact  and  date  of  such  abandonment  may 
be  established  by  the  testimony  of  two  credible  witnesses. 

CONTRIBUTIONS. 

1.  If  the  soldier  lived  with  his  mother  when  he  enlisted, 
and  was  under  21  years  of  age  at  the  time  of  his  death,  she 
is  not  required  to  produce  any  evidence  that  he  recognized 
his  obligation  to,  or  did  contribute  toward  her  support. 
By  the  common  law  of  this  country  parents  are  entitled  to 
the  earnings  of  their  minor  children.  Though  they  are 


74  PRACTICE    OF    THE    PENSION    BUREAU. 

legally  bound  for  the  support  of  such  children,  the  parents 
in  return  are  entitled  to  the  earnings  of  such  minors. 

2.  Contributions  to  the  support  of  a  mother  from  a  son 
over  21  years  of  age,  or  a  recognition  of  his  obligation  to 
aid  in  her  support,  may  be  proven  by  letters  of  the  soldier 
transmitting  the  same,  or  admitting  his  obligations   by 
promising  support,  or  expressing  in  any  manner  a  desire  to 
contribute  when  possible.     The  point  may  also  be  proven 
by  the  testimony  of  two  credible  witnesses  possessing  per- 
sonal   knowledge.     Testimony  showing  that  the   soldier 
liquidated  the  obligation  of  his  parents,  or  that  support 
was  furnished  them  upon  his  order,  will  be  received  as 
proof  tending  to  show  dependence. 

3.  A  contract  for  support  between  a  claimant  and  another 
is  a  bar  to  pension  for  such  time  as  the  claimant  or  pen- 
sioner shall  receive  an  adequate  support  under  such  con- 
tract.    In  other  words,  if  a  transfer  of  property  is  made 
to  one  or  more  of  the  claimant's  children  in  consideration 
of  a  life  support  to  the  claimant,  such  contract  would  oper- 
ate as  a  bar  to  payment  of  pension  to  claimant  during  the 
period  of  such  adequate  support.    But  if  the  contract  was 
based  upon  an  entirely  insufficient  consideration,  and  such 
child  or  children  are  unable,  for  any  reason,  to  support  the 
claimant,  and  as  a  fact  do  not  provide  her  an  adequate 
support,  such  contract  should  not  deprive  the  mother  of  a 
pension.     In  cases  of  this  kind  great  care  should  be  had 
to  ascertain  all  the  facts,  and  usually  pension  should  not 
be  granted  without  a  special  examination. 

4.  It  must  be  remembered  that  the  mother  is  only  re- 
quired to  show  that  she  was  dependent  upon  her  son  in 
part.     If  she  had  other  sons  who  contributed  to  her  sup- 
port and  the  evidence  shows  that  she  was  in  part  depend- 
ent upon  the  soldier,  the  point  is  thus  established. 

CLAIMS  OF  DEPENDENT  FATHERS  UNDER  THE  GENERAL- 
LAW. 

1.  If  a  soldier  died  under  such  circumstances  as  would 
entitle  his  dependent  mother  to  pension,  the  dependent 


PRACTICE  OF  THE  PENSION  BUREAU.       75 

father  of  such  soldier  is  also  entitled  on  the  death  of  the 
mother. 

The  declaration  of  a  dependent  father  should  cover  all 
the  points  indicated  in  a  mother's  claim,  and  also  the  death 
of  the  mother  and  the  date  thereof,  and  the  marriage  of 
the  claimant  to  the  mother  of  the  soldier. 

2.  In  addition  to  the  proof  required  in  a  mother's  claim, 
the  father  must  prove  the  fact  and  date  of  his  marriage  to 
the  mother  of  the  soldier,  and  the  fact  and  date  of  her 
death,  by  the  same  character  and  amount  of  evidence 
required  to  establish  such  points  in  other  cases. 

3.  It  must  be  shown  by  competent  evidence  that  the 
father  was  disabled  at  the  date  of  the  soldier's  death  to 
such  an  extent  that  he  could  not  earn  a  livelihood,  and 
that  the  proceeds  of  his  property  and  income  from  all 
sources  did  not  furnish  him  an  adequate  support. 

4.  It  is  provided  by  statute  that  the  income  which  is 
derived  or  derivable  from  the  father's  actual  or  possible 
manual  labor  should  be  taken  into  account  in  estimating 
his  means  of  independent  support. 

In  determining  what  constitutes  dependence  in  claims  of 
fathers,  the  same  circumstances  concerning  the  surround- 
ings of  the  family  should  be  taken  into  consideration  as  in 
mothers'  claims. 

DEPENDENCE  OF  COLORED  PERSONS. 

1.  No  distinction  is  made  in  the  pension  laws  concerning 
the  rights  of  dependent  relatives  whether  they  are  white  or 
colored;   but  great  difficulty  is  realized  in  obtaining  the 
facts  in  regard  to  the  dependence  of  colored  persons  owing 
to   their   condition   of  servitude  at  the  beginning  of  the 
war  of  the  rebellion. 

2.  To  allow  such  claims  there  must  be  some  evidence  of 
contributions  or  a  recognition  of  obligation  to  aid  in  the 
support  of  a  parent  on  the  part  of  the  adult  son  at  some 
period  of  time  prior  to  his  death ;  but  no  rule  can  be  stated 
as  to  the  amount  of  proof  required  in  such  cases. 


76  PRACTICE    OF    THE    PENSION    BUREAU. 

3.  If  the  claimant  was  held  as  a  slave,  and  resided  upon 
the  plantation  of  her  owner  and  master,  and  was  main- 
tained and  supported  by  him  as  such,  and  the  deceased 
soldier  never  in  any  manner  aided  in  her  support,  or  con- 
tributed thereto,  she  was  not  dependent  upon  her  sou  for 
support  within  the  meaning  of  the  pension  laws.  This  rule 
will  apply  even  if  the  claimant  was  so  held  and  supported 
after  the  issuance  of  the  emancipation  proclamation. 

In  a  claim  of  a  father  for  pension  it  must  be  shown  that 
he  was  legally  married  to  the  mother  of  the  son  on  whose 
account  the  claim  is  made.  Section  4705  of  the  Revised 
Statutes  does  not  apply  to  marriages  of  parents  of  a  soldier. 

CLAIMS  FOB  PENSION  OF  DEPENDENT  MINORS. 

1.  Where  a  soldier  has  died  under  such  circumstances  as 
would  entitle  his  mother,  and,  in  the  order  of  succession, 
his  father,  to  pension,  on  the  death  of  both  parents  or 
upon  the  death  of  the  father  and  the  remarriage  of  the 
mother,  the  dependent  brothers  and  sisters  under  1C  years 
of  age  jointly  become  entitled  to  such  pension  until  they 
attain  the  age  of  16  years,  respectively. 

A  declaration  for  pension  for  minor  brothers  and  sisters 
should  be  executed  as  other  original  declarations,  and  the 
proof  to  be  furnished  is  practically  the  same  as  in  a  mother's 
case,  except  that  they  should  establish  the  marriage  of  the 
father  and  mother  of  the  soldier,  if  possible;  the  dates  of 
their  births;  their  relationship  to  the  soldier,  and  the  death 
of  their  parents,  or  the  death  of  the  father  and  the  remar- 
riage of  the  mother. 

The  marriage  of  a  dependent  sister  forfeits  her  right  to 
pension  from  the  date  of  such  marriage.  Their  dependence 
on  the  soldier  for  support  must  be  shown  by  the  same  evi- 
dence as  is  required  in  a  mother's  claim. 

2.  It  is  held  that  the  title  of  dependent  brothers  and 
sisters  does  not  depend  upon  the  validity  of  the  marriage 
of  the  parents.     If  they  can  establish  the  fact  that  they  are 
the  offspring  of  the  same  parents  as  the  soldier,  they  thus 


PRACTICE    OF    THE    PENSION    BUREAU.  77 

establish  their  identity  as  the  persons  named  in  the  law 
and  are  entitled  to  pension,  if  the  other  conditions  named 
in  the  law  are  shown.  (Vol.  8,  Pension  Decisions,  p.  18.) 
3.  The  rule  with  regard  to  limitation  as  to  date  of  filing 
claim  is  the  same  as  that  which  applies  to  minor  children 
of  the  soldier. 

BRIEF   IN   CLAIMS   OF  DEPENDENT  RELATIVES. 

The  face  of  a  brief  in  claims  of  dependent  relatives  should 
contain  practically  the  same  facts  as  in  a  widow's  claim. 
In  the  claim  of  a  dependent  father  the  brief  should  show 
the  fact  and  date  of  the  mother's  death,  and  in  claims  of 
dependent  minors,  the  names  and  dates  of  births  of  the 
minors  should  be  given  and  the  date  when  they  became  or 
shall  become  sixteen  years  of  age.  The  brief  should  also 
show  the  fact  and  date  of  the  death  of  the  parents,  or  the 
death  of  the  father  and  the  remarriage  of  the  mother,  as  the 
case  may  be. 

The  date  of  submission  should  appear,  and  also  whether 
the  claim  is  submitted  for  "admission  "  or  "rejection,"  and 
the  brief  should  be  signed  by  the  examiner. 

LEGAL  AND  MEDICAL  REVIEW  OF  CLAIMS  OF  DEPENDENT 
RELATIVES. 

1.  The  respective  duties  of  the  legal  and  medical  review- 
ers in  reviewing  claims  of  dependent  relatives  are  the  same 
as  in  claims  of  widows  for  original  pension,  and  no  further 
observations  concerning  their  duties  need  be  made  herein. 
If  a  dependent  mother  has  perfected  her  claim,  no  medi- 
cal question  arises  on  a  subsequent  review  of  the  father's 
claim,  and  the  same  rule  applies  in  reviewing  claims  of 
minor  brothers  and  sisters  where  a  parent's  claim  has  been 
previously  perfected. 

2.  If  on  a  subsequent  review  of  the  claim  of  a  dependent 
father  or  dependent  brothers  and  sisters  the  question  of 
the  cause  of  death  of  the  soldier  has  not  been  previously 


78      PRACTICE  OF  THE  PENSION  BUREAU. 

determined,  the  same  rule  applies  concerning  the  respective 
duties  of  the  reviewers  as  in  claims  of  dependent  mothers. 

SPECIAL  EXAMINATION   OF   CLAIMS   FOR   PENSION. 

1.  Under  the  provision  of  section  4744  of  the  Revised 
Statutes,  as  amended  July  25,  1882,  a  special  examination 
may  be  had  of  all  classes  of  claims  for  pension,  whether 
pending  or  adjudicated,  when  deemed  proper  by  the  Bureau. 
Three  classes  of  claims  only  should  be  referred  for  special 
examination : 

(a)  Those  in  which  the  claimant  has  presented  a  prima 
facie  case  and  a  well-grounded  doubt  arises  as   to   the 
genuineness  of  the  claim,  whether  the  same  be  pending  or 
adjudicated. 

(b)  Those  in  which  there  is  an  adverse  record  of  such  a 
character  that  it  may  be  overcome  by  evidence  obtained 
through  a  special  examination,  the  claimant  having,  upon 
ex  parte  testimony  of  commissioned  officers,  or  such  med- 
ical evidence  as  maybe  required  according  to  the  character 
of  the  claim,  presented  a  prima  facie  case. 

(c)  All  other  cases  where  a  claimant  has  presented  a 
prima  facie  case,  it  appearing  that  the  claim  is  meritorious, 
but  the  character  of  the  evidence,  whether  parol  or  record, 
is  not  such  as,  under  the  rules  of  the  Bureau,  is  required 
to  establish  a  claim  for  the  particular  disability  alleged  and 
the  claimant  is  unable  to  comply  with  those  requirements. 

2.  It  is  not  to  be  understood  that  all  such  cases  as  men- 
tioned should  be  referred  for  special  examination,  but  only 
such  may  be  examined.    No  claim  of  the  first  class  men 
tioned  should  be  specially  examined   unless  the  doubt 
referred  to  is  well  grounded  and  founded  upon  facts  elicited 
by  the  Bureau  in  the  usual  manner,  or  upon  information 
and  evidence  voluntarily  furnished  by  reliable  persons,  or 
upon  the  face  of  the  papers. 

3.  It  is  not  every  discrepancy  that  appears  in  the  evi- 
dence, or  improbability  that  is  claimed,  that  will  justify  a 
special  examination.    Only  discrepancies  of  such  a  char- 
acter and  such  improbabilities  which  raise  a  doubt  and 


PRACTICE  OF  THE  PENSION  BUREAU.       79 

which  claimants  fail  to  satisfactorily  explain  will  justify  a 
special  examination.  Before  a  special  examination  is  had 
in  cases  of  the  second  or  third  class,  the  Bureau,  upon  the 
facts  presented,  should  be  satisfied  that  the  claims  possess 
too  much  merit  to  warrant  rejection,  but  that  under  the 
practice  of  the  Bureau  they  are  inadmissible.  Sound 
judgment  should  be  exercised  in  this  class  of  cases,  for  it 
is  not  intended  to  specially  examine  all  cases  which  the 
claimants  are  unable  to  prove,  but  only  such  claims  as  are 
established  prirna  facie,  but  in  which  a  well-grounded 
doubt  arises  upon  the  evidence. 

4.  The  chief  object  of  a  special  examination  in  any  given 
claim  is  twofold : 

(a)  To  protect  the  Bureau  against  claims  which  are  not 
genuine. 

(b)  To  obtain  the  real  facts  in  just  and  lawful  claims 
which  are  inadmissible  upon  ex  parte  testimony. 

5.  The  duties  of  a  special  examiner  are  delicate  and  im- 
portant; he  is  charged  with  the  protection  of  the  interests 
of  the  Government  and  the  rights  of  the  claimant;  he  is 
not  in  any  sense  the  attorney  of  either;  his  mission  in  all 
cases  is  to  obtain  the  real  facts,  and  without  bias  or  preju- 
dice for  or  against  either  party  in  interest,  report  the  same 
to  the  Commissioner. 

6.  Before  a  case  is  referred  for  special  examination  care 
should  be  taken  that  the  reports  of  the  War  Department 
contain  a  full  military  and  medical  history  of  the  soldier, 
and  when  the  former  report  is  deficient  in  that  respect  a 
call  should  be  made  on  the  War  Department  for  a  further 
report. 

7.  When  a  case  is  referred  for  special  examination  it  is 
the  duty  of  the  person  referring  it  to  indicate  precisely  the 
points  upon  which  the  special   examination  is  required. 
Cumulative  evidence  upon  points  already  established  and 
not  in  controversy  is  not  to  be  called  for. 

8.  All  cases  submitted  for  special  examination  must  be 
accompanied  by  a  slip  signed  by  the  chief  of  the  division 
referring  the  case,  stating  explicitly  just  what  points  should 


80       PRACTICE  OF  THE  PENSION  BUREAU. 

be  inquired  into,  and  the  reasons  therefor.  When  purely 
medical  questions  are  involved  the  directions  of  the  medical 
referee,  as  to  points  for  examination,  should  be  included 
in  the  above.  The  slip  should  also  state  that  all  necessary 
and  accessible  evidence  from  the  several  departments  has 
been  obtained,  and  that  all  the  evidence  is  properly  briefed. 

9.  When  a  case  is  referred  to  the  Special  Examination 
Division  it  is  the  duty  of  the  chief  of  the  Adjudicating 
Division  and  the  chief  of  the  Board  of  Review  to  see  that 
the  slip  of  reference  is  definite  and  specific  in  its  terms, 
and  that  the  points  given  below  are  clearly  set  forth : 

(«)  The  purpose  for  which  sent  to  the  field.    (Origin,  con- 
tinuance, death  cause,  etc.) 

(b)  The  evidence  accepted  as  proving  any  given  point. 
(A.  B.,  as  to  origin;  0.  D.  and  E.  F.,  as  to  continuance  from 
1870.) 

(c)  The  evidence  necessary  to  complete.     (One  comrade, 
and  evidence  as  to  continuance  from  discharge  to  1870.) 

(d)  If  more  than  one  disability  alleged  and  in  question, 
state  proof  necessary  to  establish  each.    (Rheumatism  and 
bronchitis;  origin  of  rheumatism   shown,  continuance  in 
question;  origin  of  bronchitis  in  question.) 

10.  Special  examiners  will  not  be  expected  to  confine 
their  examination  of  claims  strictly,  to  the  points  contained 
in  the  slip  of  reference  in   all  cases,  as  conditions  may 
develop  during  the  investigation  requiring  independent 
action  and  the  exercise  of  an  intelligent  judgment,  in  which 
event  the  investigation  will  be  conducted  on  such  lines  as 
the  conditions  may  warrant.    It  is  not  intended  in  any 
event  to  prevent  the  special  examiner  from  taking  all  testi- 
mony that  may  present  itself  as  to  fraudulent  imposition 
or  action  on  the  part  of  the  claimant,  his  attorney  or  friends, 
but  to  avoid  the  taking  of  unnecessary  evidence  and  the 
consumption  of  time  and  consequent  expense  on  matters 
not  material,  or  on  matters  already  established. 

11.  As  stated  heretofore,  under  head  of  "  Legal  review  of 
invalid  claims,"  the  legal  reviewer  is  the  sole  judge  of  the 


PRACTICE  OF  THE  PENSION  BUREAU.       81 

weight  and  sufficiency  of  evidence  to  establish  a  claim ; 
and  when  in  the  judgment  of  the  Board  of  Review  a  claim 
should  be  referred  for  special  examination,  such  decision 
should  govern,  unless  overruled  by  the  Commissioner  or 
Deputy  Commissioner. 

12.  Great  care  should  be  exercised  by  the  examiner  and 
reviewer  in  referring  cases  for  special  examination,  where 
it  is  apparent  that  all  sources  of  information  have  not  been 
exhausted,  and  where  it  is  possible  to  properly  adjudicate 
the  claim  by  evidence  that  can  be  obtained  by  the  exam- 
iner. 

13.  Whenever  a  case  is  returned  by  the  medical  referee 
for  special  examination  on  medical  points,  the  requirements 
should  be  so  plainly  stated  by  him  that  a  layman  will  have 
no  difficulty  in  comprehending  the  nature  of  the  informa- 
tion which  it  is  desired  to  obtain. 

14.  When  it  is  deemed  necessary  to  ascertain  the  credi- 
bility of   or  cross-examine  witnesses   residing  in    cities 
containing  over  20,000  inhabitants,  the  examiner  should 
forward  to  the  Special  Examination  Division   a  properly 
prepared  inquiry  for  each  witness,  and  the  chief  of  that 
division  will  adopt  such  methods  as  will  most  expeditiously 
and  accurately  determine  the  questions  involved  in  the 
inquiry. 

15.  When  the  Board  of  Review  returns  a  case  to  an 
adjudicating  division  for  credibility  or  cross-examination 
of  one  or  more  witnesses  specifically  named,  who  reside  in 
cities  containing  over  20,000  inhabitants,  the  adjudicating 
division  shall  retain  all  the  papers  in  the  case  and  forward 
to  the  Special  Examination  Division  a  properly  prepared 
inquiry  for  each  witness  so  named  on  the  blank  prepared 
for  that  purpose,  accompanied  by  a  slip  signed  by  the  chief 
of  the  Board  of  Review  directing  the  inquiry. 

16.  In  no'  instance  will  the  examiner  call  for  the  credi- 
bility or  cross-examination  of  witnesses  residing  in  any 
other  localities  than  those  indicated  in  the  two  preceding 
paragraphs,  through  the  Special  Examination  Division, 

19078 6 


82  PRACTICE    OF    THE    PENSION    BUREAU. 

unless  specifically  instructed  so  to  do  by  the  chief  of  the 
division  on  his  personal  approval. 

17.  In  preparing  cases  for  special  examination  as  to 
general  merits,  all  claims  on  account  of  the  service  of  the 
soldier  should  be  briefed  and  indexed,  and  should  be  sent 
to  the  Special  Examination  Divison  through  the  Board  of 
Review,  together  with  the  case  referred  for  examination. 

When  the  special  examination  is  completed  the  papers 
will  be  submitted  to  the  Board  of  Eeview  by  the  Special 
Examination  Division  for  action. 

PENSIONS   ON   ACCOUNT    OF    SERVICE   IN    THE   REGULAR 

ARMY. 

1.  No  distinction  is  made  between  the  rights  of  soldiers 
who  became  disabled  in  the  Regular  Army  prior  to  March  4, 
1801,  and  those  who  contracted  disabilities  subsequent 
thereto,  except  as  provided  in   sections  4694   and  4713 
Eevised  Statutes. 

2.  The  same  character  and  amount  of  evidence  is  required 
to  establish  such  claims  as  is  necessary  for  disabilities  con- 
tracted in  the  war  of  the  rebellion,  and  the  only  difference 
in  the  practice  between  them  is,  that  in  those  of  the  Regu- 
lar Army  the  certificates  of  commissioned  officers  thereof 
in  actual  service  are  accepted  without  being  sworn  to,  and 
correspondence  with  all  witnesses  who  are  in  the  service 
is  had  through  the  War  Department  and  not  with  the 
witnesses  direct,  as  in  other  cases. 

3.  The  rights  of  widows,  minors,  and  dependent  relatives 
of  officers  and  soldiers  of  the  Regular  Army  who  have  died 
of  a  disability  contracted  since  March  4, 1861,  are  the  same 
as  those  of  the  war  of  the  rebellion;  but  no  provision  is 
made  for  pensioning  dependent  relatives  of  those  who  have 
died  of  disabilities  contracted  prior  to  March  4,  1861,  and 
to  entitle  their  widows  and  minors  to  a  pension  such  disa- 
bility must  have  been  contracted  during  a  period  of  actual 
war. 

4.  Under    the    limitations    imposed    by    section    4694, 
Revised  Statutes,  no  person  shall  be  entitled  to  pension  by 


PRACTICE  OF  THE  PENSION  BUREAU.       83 

reason  of  wounds  or  injury  received  or  disease  contracted 
in  the  service  of  the  United  States  subsequent  to  July  27, 
1868,  unless  the  person  who  was  wounded,  or  injured,  or 
contracted  the  disease  was  in  the  line  of  duty;  and  if  in 
the  military  service,  was  at  some  post,  fort,  or  garrison,  or 
en  route  by  direction  of  competent  authority,  to  some  post, 
fort,  or  garrison;  or,  if  in  the  naval  service,  was  at  the 
time  borne  on  the  books  of  some  ship  or  other  vessel  of  the 
United  States,  at  sea  or  in  harbor,  actually  in  commission, 
or  was  at  some  naval  station,  or  on  his  way,  by  direction 
of  competent  authority,  to  the  United  States,  or  to  some 
other  vessel,  or  naval  station,  or  hospital. 

Under  this  limitation,  no  pensionable  status  can  arise  by 
reason  of  disabilities  contracted  by  an  officer,  soldier,  or 
sailor  while  on  the  retired  list  of  the  Army  or  Navy,  and  if 
such  officer,  soldier,  or  sailor  dies  of  a  disability  so  con- 
tracted, no  pensionable  rights  are  conferred  on  his  widow, 
minor  children,  or  dependent  relatives. 

5.  In  claims  filed  011  account  of  service  in  the  Regular 
Army  the  call  for  report  of  service  and  disability  should 
be  made  on  the  Adjutant  General  of  the  Army,  and  where 
a  soldier  served  in  the  regular  and  in  the  volunteer  service, 
the  call  for  report  of  the  entire  service  of  the  soldier  will 
be  made  on  the  Adjutant  General. 

NAVY   PENSIONS. 

1.  The  observations  heretofore  made  are  chiefly  applica- 
ble to  army  pensions,  for  disabilities  contracted  since  March 
4,  1861,  and  to  the  claims  of  those  entitled  by  reason  of 
the  service  of  such  soldiers.     The  distinctions  relating  to 
the  granting  of  navy  pensions  during  the  same  period,  as 
well  as  those  disabled  prior  to  March  4,  1861,  will  be  treat- 
ed herein. 

2.  When  a  claim  for  navy  pension  has   been   filed,  to 
obtain  a  record  of  service  the  following  facts   should  be 
remembered : 

(a)  That  the  service  of  officers  is  obtained  from  the  Sec- 
retary  of  the  Navy. 


84  PRACTICE    OF    THE    PENSION    BUREAU. 

(6)  Of  seamen,  from  the  Auditor  for  the  Navy  Depart- 
ment, Treasury  Department. 

(c)  Of  marines,  from  the  adjutant  and  inspector  of  the 
Marine  Corps. 

(d)  The  service  of  officers  and  seamen  of  revenue  cut- 
ters of  the  United  States,  who  were  wounded  or  disabled 
in  the  discharge  of  their  duty  while  cooperating  with  the 
Navy  by  order  of  the  President,  should  be  obtained  by  a 
call  upon  the  Secretary  of  the  Treasury,  through  the  Sec- 
retary of  the  Interior. 

3.  The  record  of  disabilities  is  obtained  from  the  Sur- 
geon General  of  the  Navy.    When  evidence  of  the  disa- 
bility of  a  sailor  from   icouncls  or   injuries   can   not  be 
obtained  from  the  Surgeon  General,  information  thereof 
may  often  be  had  from  the  log  book  in  the  office  of  the 
Chief  of  the  Bureau  of  Navigation.    In  claims  arising  on 
account  of  service  in  the  Mississippi  flotilla,  when  the 
enlistment  was  prior  to  October  1, 1862,  the  call  for  serv- 
ice should  be  made  on  the  Auditor  for  the  War  Depart- 
ment, and  if  subsequent  to  that  date,  on  the  Auditor  for 
the  Navy  Department,  Treasury  Department. 

4.  To  establish  a  claim  for  navy  pension  the  same  char- 
acter and  amount  of  proof  is  required  as  in  those  for  army 
pensions.     Medical  surveys,  when  signed  by  the  comman- 
dant of  the  ship  and  the  surgeon  thereof,  are  entitled  to 
the  same  credit,  if  such  surveys  were  made  on  the  ship, 
the  officers  having  the  opportunity  for  personal  knowledge 
of  the  facts  stated  in  such  surveys,  as  certificates  of  disa- 
bility in  claims  for  army  pensions  when  signed  by  the 
captain  of  the  soldier's  company  and  the  surgeon  of  his 
regiment.     Otherwise  their  weight  is  similar  to  that  of  a 
certificate  of  disability  issued  from  a  general  hospital. 
The  certificates  of  commissioned  officers  of   the  Navy, 
given  while  in  the  service,  need  not  be  sworn  to. 

5.  The  commencement  of  invalid  navy  pensions  for  dis- 
abilities contracted  since  March  4,  1861,  and  of  those  who 
succeed  to  their  rights,  is  governed  by  the  same  law  as 


PRACTICE    OF    THE    PENSION    BUREAU.  85 

pertains  to  army  claims,  and  the  rights  of  such  widows, 
minors,  and  dependents  are  the  same  under  the  laws 
governing  army  and  navy  pensions,  except  in  pensions 
granted  under  section  4741,  which,  on  certain  conditions, 
gives  title  to  pension  to  the  officers  and  seamen  of  revenue 
cutters,  and  those  under  the  provisions  of  sections  475G 
and  4757,  Ee vised  Statutes,  end  with  the  invalid  right. 

6.  Under  sections  4756  and  4757,  Kevised  Statutes,  pen- 
sions for  twenty  years'  service,  and  for  ten  years'  service,  are 
allowed  by  the  Secretary  of  the  Navy  to  enlisted  men  and 
appointed  petty  officers  who  have  not  been  discharged  for 
misconduct.    Pension  commences  on  the  date  of  filing  the 
claim  therefor  in  theNavy  Department,  and  for  twentyyears' 
service  amounts  to  one-half  the  monthly  pay  of  the  appli- 
cant's rating  at  his  discharge;  for  ten  years'  service  the 
pension  can  not  exceed  the  rate  for  total  disability,  and  is 
fixed,  as  also  its  duration,  by  a  board  of  naval  officers.    No 
application  is  required  to  be  filed  in  the  Pension  Bureau 
for  such  pension. 

7.  Where  a  sailor  is  pensioned  under  the  provisions  of 
section  4756,  Revised  Statutes,  for  twenty  years'  service  at 
one-half  the  pay  of  his  rating  at  the  time  he  was  discharged, 
and  he  has  also  established  a  claim  for  pension  under  the 
general  law  for  disability  contracted  in  service  and  line  of 
duty,  or  under  the  act  of  June  27,  1890,  a  certificate  will 
issue  consolidating  such  pensions,  and  he  will  be  entitled 
to  receive  the  allowance  granted  under  said   section,  in 
addition  to  the  pension  granted  him  by  this  Bureau,  either 
under  the  general  law  or  under  the  act  of  June  27,  1890. 

8.  When  the  Secretary  of  the  Navy  shall  certify  to  this 
Bureau,  under  the  provisions  of  section  4757,  Kevised  Stat- 
utes, that  a  person  who  has  served  ten  years  in  the  Navy 
or  Marine  Corps  is  entitled  to  aid  from  the  surplus  income 
of  the  naval-pension  fund,  in  addition  to  a  pension  granted 
by  this  Bureau,  either  under  the  general  law  or  under  the 
act  of  June  27,  1890,  not  to  exceed  one-fourth  the  rate  of 
such  pension,  a  certificate  will  be  issued  covering  both 


86       PRACTICE  OF  THE  PENSION  BUREAU. 

allowances  for  the  period  specified  by  the  Secretary  of  the 

Kavy. 

9.  Section  4694  of  the  Revised  Statutes  governs  the  rights 

of  sailors  who  have  contracted  disabilities  since  July  27, 
1868,  as  well  as  those  of  soldiers  of  the  Regular  Army. 

10.  The  widow,  or  children  under  16,  of  sailors  whose 
service  was  prior  to  March  4,  1861,  are  entitled  to  pension 
only  when  the  death  of  the  sailor  occurred  in  service  and 
in  line  of  duty. 

PENSIONS  TO  INVALIDS  DISABLED  IN  SERVICE  PRIOR  TO 
MARCH  4,  1861,  AND  TO  THE  WIDOWS  AND  MINORS  OF 
SUCH  SOLDIERS  AND  SAILORS. 

1.  Section  4713  of  the  Revised  Statutes  provides  that 
"in  all  cases  where  the  cause  of  disability  and  dejith  orig- 
inated in  the  service  prior  to  the  4th  day  of  March,  1861, 
and  an  application  for  pension  shall  not  have  been  filed 
within  three  years  from  the  discharge  or  death  of  the  per- 
son on  whose  account  the  claim  is  made,  or  within  three 
years  of  the  termination  of  a  pension  previously  granted 
on  account  of  the  service  and  death  of  the  same,  the  pen- 
sion shall  commence  from  the  date  of  filing,  by  the  party 
prosecuting  the  claim,  the  last  paper  requisite  to  establish 
the  same." 

2.  Therefore,  if  an  application  was  filed  within  the  time 
prescribed,  the  applicant  would  be  pensioned  from  the  date 
of  the  discharge  of  the  invalid,  or  from  the  date  of  the 
death  of  the  person  through  whom  title  to  pension  is 
claimed ;  but  if  the  application  was  filed  after  three  years 
from  the  soldier's  or  sailor's  discharge  or  death,  or  three 
years  after  the  pension  has  terminated,  then  the  pension 
will  commence  at  the  date  of  filing  the  last  material  evi 
deuce;  but  no  arrears  of  pension  can  be  allowed  in  claims 
admitted  prior  to  June  6, 1866. 

3.  Loyalty  in  all  claims  of  this  class,  for  both  army  and 
navy  pensions,  must  be  shown.     The  only  exception  to  this 
rule  are  those  persons  embraced  in  section  5  of  the  act  of 


PRACTICE  OF  THE  PENSION  BUREAU.      87 

March  9,  1878.  It  will  be  noticed  that  claims  on  account 
of  disabilities  contracted  in  the  war  with  Mexico  are  not 
included  in  the  exceptions  noted  in  said  section. 

CLAIMS    FOR    PENSION    OF    INVALIDS    DISABLED    IN    THE 
MEXICAN   WAR,  AND   THEIR   WIDOWS   AND   MINORS. 

1.  The  right  to  pension  of  soldiers  disabled  in  the  war 
with  Mexico  is  governed  by  section  4730,  and  the  rights  of 
their  widows  and  minors  by  section  4731,  Revised  Statutes. 
The  commencement  of  pension  is  controlled  by  section  4713, 
Revised  Statutes,  the  provisions  of  which  have  heretofore 
been  set  forth. 

The  same  character  and  amount  of  evidence  is  required 
to  establish  a  claim  for  pension  under  this  title  as  in  claims 
for  pension  for  disabilities  contracted  since  March  4,  1861. 

2.  The  conditions  under  which  a  pension  is  granted  in 
this  class  of  cases  are  that  the  disability  on  account  of 
which  pension  is  claimed  was  contracted  in  the  line  of  duty 
in  actual  service  in  the  war  with  Mexico,  or  in  going  to  or 
returning  from  the  same,  and  that  the  soldier  received  an 
honorable  discharge  from  such  service. 

3.  In  case  of  the  death  of  such  person  by  reason  of  any 
injury  received  or  disease  contracted  under  the  circum- 
stances set  forth  in  the  preceding  section,  his  widow  is 
entitled  to  receive  the  same  pension  as  the  husband  would 
have  been  entitled  to  receive  had  he  been  totally  disabled; 
and  in  case  of  her  death  or  remarriage,  the  child  or  children 
of  such  soldier,  while  under  the  age  of  16  years,  will  be 
entitled  to  the  pension.     The  rates  of  pension  granted  in 
this  class  of  cases  shall  not  be  more  than  one  half  the  pay 
of  the  rank  held  by  the  soldier  at  the  date  at  which  he 
received  the  wound  or  incurred  the  disability,  prior  to  July 
25,  1866;  but  after  that  date  the  rates  of  pension  are  gov- 
erned by  section  4712,  Revised  Statutes,  and  this  rule 
applies  equally  to  widows  and  minors  of  such  soldiers  and 
sailors. 


88  PRACTICE    OF    THE    PENSION    BUREAU. 

SURVIVORS  OF  THE  WAR  OF  1812,  AND  THEIR  WIDOWS. 

1.  Service  pensions  of  $8  per  month  to  certain  survivors 
of  the  war  of  1812  and  to  their  widows  are  granted  by  sec- 
tions 4736,  4737,  and  4738,  Revised  Statutes,  and  also  by 
the  act  of  March  9,  1878. 

2.  Those   entitled   under   the   first -named    statute   are 
officers,  soldiers,  and  sailors  who  served  sixty  days  in  said 
war  between  June  18,  1812,  and  February  17,  1815,  and 
were  honorably  discharged,  and  such  officers  and  soldiers 
as  may  have  been  personally  named  in  any  resolution  of 
Congress  for  any  specific  service  in  said  war,  although  their 
term  of  service  was  less  than  sixty  days. 

The  widows  of  such  soldiers  or  sailors  are  also  entitled 
to  pension,  provided — 

(a)  That  they  were  married  to  such  soldiers  or  sailors 
prior  to  the  treaty  of  peace  which  terminated  said  war, 
February  17,  1815,  and 

(I)  That  they  have  not  remarried. 

All  service  pensions  granted  under  the  first-mentioned 
statute  are  allowed  from  the  date  of  the  approval  of  the 
act,  February  14,  1871.  If  the  soldier  died  after  February 
14,  1871,  his  widow  is  entitled  to  the  pension  from  the  date 
of  his  death. 

3.  Under  the  act  of  March  9,  1878,  officers,  soldiers,  and 
sailors  who  served  fourteen  days  or  more  during  the  war 
of  1812,  or  were  in  any  battle  during  that  war,  and  were 
honorably  discharged,  and  the  widows  of  such  officers,  sol- 
diers, and  sailors,  irrespective  of  the  date  of  marriage,  are 
entitled  to  a  pension  of  $8  per  mouth  from  March  9,  1878. 

4.  Under  the  act  of  March  19,  1886,  widow  pensioners 
under  the  above-named  acts  are  entitled  to  $12  per  month 
from  that  date,  but  there  is  no  law  granting  increase  to  the 
soldier  or  sailor  himself,  and  the  rate  of  pension  does  not 
vary  with  the  rank  of  the  soldier  or  sailor. 

5.  In  claims  under  the  act  of  February  14,  1871,  loyalty 
must  be  proven,  but  proof  of  loyalty  is  not  required  in 
claims  under  the  act  of  March  9,  1878. 


PRACTICE  OF  THE  PENSION  BUREAU.      89 

6.  The  service  of  a  soldier  or  sailor,  that  he  was  honor- 
ably discharged,  and  the  fact  that  he  participated  in  a 
battle,  is  usually  obtained  by  a  call  on  the  proper  Depart- 
ment.   The  service  of  soldiers  of  the  militia  and  volunteers 
in  the  war  of  1812  should  be  obtained  by  a  call  upon  the 
Record  and  Pension  Office,  War  Department,  and  that  of 
soldiers  in  the  Begular  Army  by  a  call  upon  the  Adjutant 
General.    The  call  for  service  of  sailors  should  be  made 
upon  the  Auditor  for  the  Navy  Department.     In  case  such 
reports  fail  to  show  the  service  of  the  soldier  or  sailor,  but 
do  show  service  of  the  organization  to  which  he  claims  to 
have  belonged  for  the  required  period,  his  service  may  be 
proven  by  the  testimony  of  a  commissioned  officer  or  two 
comrades  who  served  in  the  same  organization,  provided 
their  names  are  borne  on  the  rolls  of  such  organization 
during  the  entire  period  covered  by  their  testimony,  and 
they  are  shown  to  be  credible  witnesses. 

It  is  further  provided  by  the  act  of  March  9,  1878,  that 
when  any  person  has  been  granted  a  laud  warrant  under 
any  act  of  Congress,  for  and  on  account  of  service  in  the 
said  war  of  1812,  such  grant  shall  be  prima  facie  evidence 
of  his  service  and  honorable  discharge,  so  as  to  entitle  him, 
if  living,  or  his  widow,  if  he  be  dead,  to  a  pension  under 
that  act;  but  such  evidence  shall  not  be  conclusive,  and 
may  be  rebutted  by  evidence  that  such  land  warrant  was 
improperly  granted.  Identity  and  loyalty  may  be  proven 
by  two  credible  witnesses. 

7.  If  a  claimant  applied  for  service  pension  under  the  act 
of  February  14, 1871,  the  claim,  whether  pending  or  rejected, 
will  be  treated  as  filed  under  the  act  of  March  9, 1878,  upon 
the  claimant  filing  a  statement,  signed  by  him  or  her  in  the 
presence  of  two  attesting  witnesses,  requesting  that  the 
claim  be  adjudicated  under  the  act  of  March  9,  1878.    In 
such  cases  new  applications  will  not  be  required. 

INDIAN  WARS  FROM  1832  TO  1842— SERVICE  PENSIONS. 

The  act  of  July  27, 1892,  provides  pension  for  the  surviv- 
ing officers  and  enlisted  men,  including  marines,  militia, 


90  PRACTICE    OF    THE    PENSION    BUREAU. 

and  volunteers  who  were  in  the  military  or  naval  service  of 
the  United  States  for  thirty  days  in  the  Black  Hawk  war, 
the  Creek  war,  the  Cherokee  disturbances,  or  the  Florida 
war  with  the  Seininole  Indians,  and  were  honorably  dis- 
charged; or  who  were  personally  named  in  any  resolution 
of  Congress  for  specific  service  therein;  and  for  their  wid- 
ows, provided  they  have  not  remarried.  All  pensions  under 
this  act  are  fixed  at  $8  per  month,  irrespective  of  rank; 
are  not  subject  to  increase  for  any  cause,  and  are  payable 
from  July  27,  1892;  but  the  pension  of  a  widow  whose  hus- 
band was  living  on  that  date  commences  from  the  day  of 
his  death. 

The  provisions  of  section  4716  do  not  apply  to  pensions 
under  this  act.  No  pension  is  provided  in  the  act  for  any 
descendant  of  the  soldier  or  sailor. 

Calls  for  service  for  the  volunteers  and  militia  in  this 
class  of  cases  are  made  on  the  Auditor  for  the  War  Depart- 
ment. 

MEXICAN   WAR   SERVICE   PENSIONS. 

1.  Under  the  act  of  January  20, 1887,  officers  and  enlisted 
men  who  were  in  the  military  or  naval  service  of  the  United 
States  for  sixty  days  in  Mexico,  or  on  the  coasts  or  frontier 
thereof,  or  en  route  thereto,  in  the  war  with  that  nation,  or 
were  actually  engaged  in  a  battle  in  said  war,  and  were 
honorably  discharged;  or  who  were  personally  named  in 
any  resolution  of  Congress  for  specific  service  in  said  war, 
are  entitled  to  pension  if  62  years  of  age;  or,  if  not,  upon 
proof  of  pensionable  disability  or  dependence. 

2.  Widows  of  officers  and  enlisted  men  who  served  as 
above  stated  are  entitled  to  pension  on  the  same  conditions 
as  to  age,  disability,  or  dependence,  as  apply  to  such  officer 
or  soldier;  but  disability  incurred  while  in   any  manner 
voluntarily  engaged  in,  or  aiding,  or  abetting,  the  late  rebel- 
lion does  not  give  title  to  pension,  nor  are  any  persons 
entitled    thereto    while    under    the    political    disabilities 
imposed  by  the  fourteenth  amendment  to  the  Constitution. 


PRACTICE    OF    THE    PENSION    BUREAU.  91 

3.  Pensions  under  this  act  commence  on  January  29, 1887, 
if  a  pensionable  condition  by  reason  of  age  or  disability,  or 
dependence,  then  existed ;  if  not.  then  on   the  date  the 
applicant  became  62  years  of  age,  or  disabled,  or  dependent, 
within  the  meaning  of  the  law. 

4.  The  rate  of  pension  is  $8  per  month,  irrespective  of 
rank,  which  rate,  for  survivors  who  were  pensioners  on 
January  5,  1893,  may  be  increased  to  $12  per  month  under 
the  act  of  that  date  on  proof  that  the  pensioner  is  wholly 
disabled  for  manual  labor  and  in  such  destitute  circum- 
stances that  $8  per  mouth  is  a  sum  insufficient  to  provide 
him  with  the  necessaries  of  life.    This  increase  commences 
on  the  date  of  the  approval  of  claim  by  the  Board  of 
Review. 

Widows' pensions  are  not  subject  to  increase,  nor  are  the 
descendants  of  survivors  entitled  to  a  service  pension. 

5.  The  provisions  of  section  4716,  Revised  Statutes,  do 
not  apply  to  pensions  under  this  act. 

6.  For  pensionable  purposes,  April  24,  1846,  is  accepted 
as  the  commencement,  and  May  30, 1848, as  the  date  of  the 
legal  termination  of  the  war  with  Mexico. 

ARMY   NURSES. 

1.  Under  the  act  of  August  5, 1892,  all  women  employed 
by  the  Surgeon  General  of  the  Army  as  nurses,  under  con- 
tract or  otherwise,  during  the  late  war  of  the  rebellion, 
or  who  were  employed  as  nurses  during  such  period  by 
authority  which  is  recognized  by  the  War  Department,  and 
who  rendered  actual  service  as  nurses  upon  the  sick  or 
wounded  in  any  regimental,  post,  camp,  or  general  hospital 
of  the  armies  of  the  United   States  for  a  period  of  six 
mouths  or  more,  and  who  were  honorably  relieved  from 
such  service,  and  who  are  now  or  may  hereafter  be  unable 
to  earn  a  support,  are  granted  a  pension  of  $12  per  month 
from  the  date  of  filing  the  claim  after  August  5, 1892. 

2.  If  the  service  of  an  army  nurse  for  the  required 
period  is  shown  by  the  records  of  the  War  Department, 


92      PRACTICE  OF  THE  PENSION  BUREAU. 

further  evidence  on  this  point  is  not  required,  but  a  call 
should  be  made  upon  the  Auditor  for  the  War  Department 
to  show  the  period  for  which  such  nurse  was  paid  for  such 
services. 

3.  If  the  records  fail  to  show  six  months'  service,  as 
stated,  a  call  should  be  made  upon  the  claimant  for  all 
documents  and  other  information  in  her  possession  show- 
ing such  service,  and  for  the  testimony  of  the  surgeon  or 
assistant  surgeon  in  charge  of  hospital,  hospital  steward, 
or  of  enlisted  men  who  were  on  duty  with  them  at  the  hos- 
pitals where  she  was  stationed.     These  witnesses  should 
testify  from  personal  knowledge  and  be  explicit  as  to  the 
period  of  her  service,  and  should  state  how  they  are  able 
to  fix  the  dates  of  her  service,  whether  from  records  or  from 
memory. 

Upon  the  receipt  of  the  testimony  indicated  the  usual 
call  will  be  made  to  verify  the  service  of  the  witnesses, 
and  correspondence  should  be  had  with  them  direct  to  test 
their  actual  knowledge  of  the  facts  to  which  they  have 
testified. 

4.  When  all  obtainable  testimony  with  regard  to  the 
service  of  such  nurse  has  been  furnished,  it  should  be 
referred  to  the  Surgeon  General  of  the  Army  for  report  as 
to  whether  it  is  sufficient  to  show  that  such  service  was 
rendered  and  that  the  employment  of  such  nurses  during 
such  period  was  given  by  authority  which  is  recognized 
by  the  War  Department. 

5.  Remarriage  is  no  bar  to  pension  under  this  act,  but 
the  claimant  must  show  by  competent  evidence  that  she 
is  at  least  65  years  of  age  or  that  she  is  unable  to  earn  a 
Support. 

6.  Women  who  specially  superintended  and  prepared 
the  diet  of  the  sick  and  wounded  in  hospitals  under  the 
directions  of  those  in  charge  and  where  such  superintend- 
ence required  the  information  and  skill  of  a  dietarian  or 
nurse  rather  than  that  of  an  ordinary  kitchen  employee, 
are  pensionable  under  this  act. 


PRACTICE    OF    THE    PENSION    BUREAU.  93 

INVALID  CLAIMS  FOR  ORIGINAL  AND  ADDITIONAL  PENSION 
UNDER  THE  ACT  OF  JUNE  27,  1890. 

The  term  "  Claims  for  original  pension"  under  the  act  of 
June  27,  1890,  refers  to  claims  where  no  pension  has  ever 
been  granted  under  any  law. 

The  term  "Claims  for  additional  pension"  refers  to  claims 
under  the  act  of  June  27,  1890,  where  the  claimant  is  now 
a  pensioner  under  prior  laws. 

1.  The  second  section  of  the  act  of  June  27,  1890,  pro- 
vides that  all  persons  who  served  ninety  days  or  more  in 
the  military  or  naval  service  of  the  United  States  during 
tlie  late  war  of  the  rebellion,  and  who  have  been  honorably 
discharged  therefrom,  and  who  are  now  or  may  hereafter 
be  suffering  from  a  mental  or  physical  disability  of  a  per- 
manent character,  not  the  result  of  their  own  vicious 
habits,  which  incapacitates  them  from  the  performance  of 
manual  labor  in  such  a  degree  as  to  render  them  unable  to 
earn  a  support,  shall,  upon  making  due  proof  of  the  fact 
according  to  such  rules  and  regulations  as  the  Secretary  of 
the  Interior  may  provide,  be  placed  upon  the  list  of  invalid 
pensioners  of  the  United  States  and  be  entitled  to  receive 
a  pension  not  exceeding  $12  per  month  and  not  less  than 
$6  per  month,  proportioned  to  the  degree  of  inability  to 
earn  a  support;  and  such  pension  shall  commence  from  the 
date  of  filing  of  the  application  in  the  Pension  Office,  after 
the  passage  of  the  act,  upon  proof  that  the  disability  then 
existed,  and  shall  continue  during  the  existence  of  the 
same. 

The  same  section  also  provides  that  those  who  are  now 
receiving  pensions  under  existing  laws,  or  whose  claims 
are  pending  in  the  Pension  Office,  may,  by  application  to 
the  Commissioner  of  Pensions,  in  such  form  as  he  may 
prescribe,  showing  themselves  entitled  thereto,  receive  the 
benefits  of  this  act;  and  that  nothing  contained  in  the  act 
shall  be  so  construed  as  to  prevent  any  pensioner  there- 
under from  prosecuting  his  claim  and  receiving  his  pension 
under  any  other  general  or  special  act;  provided,  however, 


94  PRACTICE    OF    THE    PENSION    BUREAU. 

that  110  person  shall  receive  more  than  one  pension  for  the 
same  period.  Eauk  in  the  service  shall  not  be  considered 
in  claims  filed  under  this  act. 

2.  Every  application  for  pension  under  the  second  section 
of  the  act  of  June  27,  1890,  should  state  that  the  same  is 
made  under  said  act,  the  date  of  enlistment  and  discharge, 
the  name  or  nature  of  the  disease,  wounds,  or  injuries  by 
which  the  claimant  is  disabled,  and  that  they  are  not  due 
to  vicious  habits;  provided,  however,  that  the  omission  of 
any  of  these  averments  shall  not  invalidate  the  application 
(the  intent  to  claim  pension  being  manifest  and  the  decla- 
ration being  executed  in  accordance  with  law);  but  such 
application  shall  be  subject  to  amendment  by  means  of  a 
supplemental   affidavit  in   the  particulars   wherein   it  is 
defective;  said  supplemental  affidavit  or  affidavits  to  be 
read  in  connection  with  and  as  a  part  of  the  application 
itself;  and  provided  further,  that  a  declaration  in  the  terms 
of  the  act  shall  be  sufficient. 

3.  Should  the  paper  filed  fail  to  show  upon  its  face  with 
certainty  that  it  is  intended  as  a  claim  for  the  benefits  of 
the  act  of  June  27,  1890,  the  claimant  may  make  it  certain 
by  means  of  a  supplemental  affidavit,  which  shall  be  read 
in  connection  with  and  as  a  part  of  the  original  application. 

4.  Should  the  medical  examination  disclose  the  existence 
of  any  disease,  wound,  or  injury  not  alleged  in  the  original 
or  amendatory  application  which  is  a  factor  in  the  appli- 
cant's inability  to  earn  a  support  by  manual  labor,  the 
claimant  shall  becalJed  upon  to  state,  under  oath,  the  time, 
place,  and  circumstances,  when,  where,  and  under  which 
such  wound  or  injury  was  received,  or  disease  contracted, 
and  whether  it  was,  in  any  manner,  caused  by  vicious  habits. 

5.  Should  the  wound,  injury,  or  disease  not  specified  in 
the  original  or  amendatory  declaration,  but  discovered  on 
medical  examination,  be  shown  to  have  existed  at  the  time 
when  the  original  declaration  was  filed,  and  it  is  found  not 
to  be  due  to  vicious  habits,  it  shall  be  taken  into  account,  the 
same  as  if  formally  specified  in  the  original  application,  in 


PRACTICE  OF  THE  PENSION  BUREAU.      95 

estimating  the  degree  of  the  permanent  mental  or  physi- 
cal disability  to  which  it  contributes. 

6.  Should  it  be  found,  however,  not  to  have  existed  at  the 
time  when  the  original  application  was  filed,  but  from  a 
subsequent  date  prior  to  medical  examination,  the  degree 
of  the  disability  of  the  applicant  being  below  the  maximum 
rating,  may  be  increased  accordingly  from  the  date  when 
such  wound  or  injury  was  incurred,  or  disease  contracted, 
provided  the  degree  of  disability  from  all  contributory 
causes  is  thereby  enhanced  to  a  sufficient  extent  to  justify 
a  higher  rating. 

Should  it  be  found  impossible  to  fix  the  exact  date  when 
such  wound  or  injury  was  received  or  disease  contracted, 
the  higher  rating  shall  commence  from  the  date  of  the  cer- 
tificate of  medical  examination  showing  its  existence. 

7.  Iii  claims  under  the  act  of  June  27,  1890,  where  the 
first  medical  examination  showing  a  ratable  degree  of  dis- 
ability was  made  more  than  three  months  after  the  date  of 
filing  the  application,  the  claimant  should  be  required  to 
show  by  the  best  obtainable  evidence  the  existence  and 
degree  of  disability  from   all  causes  not  due  to  vicious 
habits  at  the  date  of  filing  the  application,  and  thereafter 
until  the  date  of  said  medical  examination.    But  when  a 
claim  is  based  upon  disabilities  of  a  permanent  character, 
and  of  such  a  nature  as  to  lead  to  the  presumption  that 
they  have  existed  in  an  unchanging  degree  since  a  period 
prior  to  the  date  of  filing  the  application,  evidence  as  to 
their  existence  and  degree  of  disability  at  date  of  filing  the 
claim  is  usually  not  required.     It  is,  however,  within  the 
province  of  the  medical  referee  to  require  such  evidence  if 
deemed  necessary  to  fix  the  degree  of  disability. 

8.  Claims  filed  under  the  act  of  June  27, 1890,  will  not  be 
adjudicated  upon  a  certificate  of  medical  examination  made 
under  the  general  law  prior  to  the  date  of  filing  the  appli- 
cation under  the  act  of  June  27, 1890;  in  such  cases  another 
medical  examination  will  be  ordered  under  the  pending 
claim. 


96      PRACTICE  OF  THE  PENSION  BUREAU. 

In  all  cases  where  the  medical  examination  was  made 
more  than  three  years  prior  to  the  date  of  the  adjudication 
of  the  claim,  another  examination  will  be  ordered  before 
the  claim  is  allowed. 

9.  Claimants  who  have  attained  the  age  of  75  years  are 
wholly  disabled  for  manual  labor  within  the  meaning  of  the 
law,  and  are  entitled  to  the  maximum  rating  under  the  act 
of  June  27,  1890.     Claimants  who  have  attained  the  age  of 
65  years  shall  be  deemed  entitled  to  at  least  the  minimum 
rate  under  that  act,  unless  the  evidence  discloses  an  un- 
usual vigor  and  ability  for  the  performance  of  manual  labor 
in  one  of  that  age.    A  declaration  stating  that  the  claimant 
is  75  years  of  age,  or  65  years,  as  the  case  may  be,  is  a  suffi- 
cient allegation  in  cases  of  this  kind,  even  if  no  other  dis- 
abling cause  is  set  forth;  but  competent  proof  should  be 
required  showing  the  actual  age  of  the  claimant. 

10.  Where  a  declaration  is  filed,  in  which  certain  disa- 
bilities are  alleged,  such  declaration  may  be  accepted  as 
sufficient  to  cover  all  the  usual  results  of  such  diseases, 
and  a  new  application  for  such  resulting  disabilities  is 
not  required.     For  instance,  a  claim  on  account  of  diar- 
rhea will  cover   any  disability  from  disease  of  rectum, 
and  a  claim  for  rheumatism  will  be  accepted  as  covering 
a  disability  arising  from  disease  of  heart.    But  where  disa- 
bilities are  shown  on  medical  examination  that  are  not 
commonly  accepted  as  results  of  diseases  set  forth  in  the 
declaration,  a  new  application  should  be  required,  as  indi- 
cated in  paragraphs  1  and  5  under  this  head. 

11.  Where  a  claim  under  the  act  of  June  27,  1890,  has 
been  rejected  on  the  ground  of  no  ratable  disability,  the 
claimant  may  file  new  evidence  going  to  the  ground  of 
rejection  and  request  action  thereon  by  the  Bureau.     If 
said  new  evidence,  either  considered  separately  or  in  con- 
nection with  previously  filed  evidence,  establishes  a  prima 
facie  case,  a  new  medical  examination  should  be  ordered. 
(Secretary's  decision,  July  10,  1897,  Luther  Case.) 


PRACTICE  OF  THE  PENSION  BUREAU.       97 

12.  Where  a  claim  under  the  act  of  June  27, 1890,  has 
been  rejected  on  the  ground  of  no  ratable  disability,  and 
the  claimant  files  a  new  declaration,  alleging  the  same  dis- 
abilities set  forth  in  his  prior  application,  or  additional  dis- 
abilities not  heretofore  alleged,  a  new  medical  examination 
may  be  ordered.     If  a  ratable  disability  is  found  on  such 
examination,  the  claim  should  be  adjudicated  under  such 
new  declaration  in  the  same  manner  and  under  the  same 
rules  as  if  no  previous  application  had  been  filed.     If,  how- 
ever, the  claimant  sets  forth  in  such  new  application  that 
an  injustice  was  done  him  in  rejecting  his  claim  under  the 
prior   application,  and  furnishes  competent  evidence  to 
show  that  fact,  the  adjudication  of  the  claim  will  be  gov- 
erned by  the  provisions  of  the  act  of  March  G,  1896,  which 
provides  that  "  whenever  a  claim  for  pension  under  the  act 
of  June  27,  1890,  has  been,  or  shall  hereafter  be,  rejected, 
suspended,  or  dismissed,  and  a  new  application  shall  have 
been,  or  shall  hereafter  be,  filed,  and  a  pension  has  been, 
or  shall  hereafter  be,  allowed  in  such  claim,  such  pension 
shall  date  from  the  time  of  filing  the  first  application,  pro- 
vided the  evidence  in  the  case  shall  show  a  pensionable 
disability  to  have  existed,  or  to  exist,  at  the  time  of  filing 
such  first  application." 

The  question  as  to  whether  a  pensionable  disability  is 
shown  at  the  time  of  filing  the  first  application  is  one  for 
the  decision  of  the  medical  referee. 

13.  In  cases  where  the  basis  of  the  claim  under  the  act 
of  June  27,  1890,  was  a  single  hernia,  or  the  loss  of  sight 
of  one  eye,  or  that  the  claimant  was  63  years  of  age,  and 
the  certificate  of  medical  examination  and  other  evidence 
showed  the  existence  of  said  disability  at  the  date  of  filing 
such  claim,  but  the  claim  was  rejected  under  the  prevailing 
practice  on  the  ground  that  disabilities  of  that  nature  did 
not  constitute  a  ratable  disability  under  the  act  of  June 
27,  1890,  the  adoption  of  the  rule  which  allows  a  rate  for 
the  said  disabilities  will  operate  to  vacate  the  former 

19078 7 


98  PRACTICE    OF    THE    PENSION    BUREAU. 

adverse  action,  and  the  pension  in  such  cases  will  coin 
inence  at  the  date  of  filing  the  first  application,  provided 
the  claimant  has  filed  a  subsequent  application  under  the 
act  of  June  27,  1890. 

14.  When  a  declaration  is  filed  for  certain  disabilities, 
and  the  medical  examination  shows  a  ratable  degree  of 
disability  from  " obesity"  which  was  not  alleged  in  the 
declaration,  such  disability  will  be  taken  into  account  in 
fixing  the  rate  of  pension  without  requiring  a  new  appli- 
cation therefor. 

VICIOUS   HABITS. 

1.  When  a  certificate  of  medical  examination  shows  that 
there  is  no  evidence  of  vicious  habits,  that  report  will  be 
accepted  in  the  absence  of  any  evidence  or  reasonable  pre 
sumption  to  the  contrary,  as  determining  the  question  of 
vicious  habits  in  claims  based  upon  disease;  but  if  nothing- 
is  stated  in  such  certificate  relating  to  the  habits  of  the 
claimant,  the  testimony  of  two  credible  and  competent 
witnesses,  or  of  the  family  physician,  is  required  to  prove 
that  the  diseases  alleged  are  not  due  to  vicious  habits. 
The  same  rule  will  apply  to  claims  on  account  of  hernia, 
varicocele,  and  varicose  veins  when  those  disabilities  have 
developed  in  the  ordinary  pursuits  of  the  claimant's  occu- 
pation, and  are  not  due  to  traumatic  causes. 

2.  When  the  claimant  alleges  disability  from  injuries  or 
wounds,  he  should  be  required  to  furnish  his  affidavit  set- 
ting forth  the  time,  place,  and  circumstances  when,  where, 
and  under  which  the  same  were  incurred,  provided  said 
allegations  were  not  set  forth  in  the  declaration. 

He  should  also  be  required  to  furnish  the  testimony  of 
at  least  two  credible  witnesses  who  have  personal  knowl- 
edge of  the  facts  to  corroborate  his  allegations.  The  credi- 
bility of  the  witnesses  should  be  ascertained,  and  if  their 
testimony  is  too  general  and  indefinite  to  show  all  the 
circumstances  attending  the  receipt  of  the  injury  or  wound, 
they  should  be  corresponded  with  for  the  purpose  of  deter- 
mining the  extent  of  their  actual  knowledge  of  the  facts. 


PRACTICE  OF  THE  PENSION  BUREAU.       99 

3.  Where  a  claimant  can  not  furnish  the  testimony  of 
persons  having  actual  knowledge  of  circumstances  under 
which  his  disability  was  incurred,  and  there  is  nothing  in 
the  case  to  create  a  suspicion  that  it  was  caused  by  "vi- 
cious habits,"  his  own  affidavit  setting  forth  the  circum- 
stances, together  with  the  testimony  of  two  credible 
witnesses  who  have  known  him  from  a  time  antedating 
the  incurreuce  of  the  disability,  showing  that  he  was  then, 
and  has  been  during  all  of  their  acquaintance  with  him,  a 
man  of  good  habits,  will  suffice,  whether  said  disability  is 
a  result  of  injury  or  disease. 

Where  there  are  grounds  for  suspecting  that  the  disa- 
bility is  a  result  of  vicious  habits,  the  kind  and  amount  oi: 
evidence  necessary  to  overcome  that  suspicion  will  vary 
according  to  the  circumstances  of  the  case.  In  general, 
where  there  is  no  apparent  ground  for  suspecting  vicious 
habits,  and,  so  far  as  can  be  ascertained,  claimant  has 
always  been  a  man  of  good  habits  and  of  good  repute  for 
credibility,  the  presumption  should  be  in  favor  of  the 
claim. 

PENSIONABLE   SERVICE. 

1.  The  express  terms  of  the  act  of  June  27, 1890,  confine 
its  benefits  to  those  who  served  ninety  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the 
late  war  of  the  rebellion,  and  who  have  been  honorably 
discharged. 

The  beginning  of  the  war  of  the  rebellion  is  dated  in  the 
pension  laws  for  pensionable  purposes  on  March  4,  1861. 

2.  Enlistments  in  the  loyal  States  after  April  13,  1865, 
will  not  be  deemed  enlistments  in  or  for  the  war  of  the 
rebellion,  and  any  service  rendered  under  such  enlistments 
will  be  presumed  not  to  have  been  rendered  in  the  war  of 
the  rebellion,  and  to  establish  the  contrary  the  claimant 
will  be  required  to  show  affirmatively  that  his  said  subse- 
quent service  was  rendered  in  direct  connection  with  active 
military  duty  in  aid  of  suppressing  the  rebellion. 


100  PRACTICE    OF   THE    PENSION    BUREAU. 

3.  The  above-stated  rule  applies  to  enlistments  in  any  of 
the  other  States,  Territories,  or  District  of  Columbia,  made 
after  June  1,  1865,  of  any  white  or  colored  troops,  and  to 
enlistments  in  the  United  States  Navy  after  July  1,  1865. 

Service  rendered  after  July,  1865,  will  be  presumed  to 
have  not  been  in  said  war;  and  service  rendered  after 
April  2,  1866,  must  be  shown  to  have  been  rendered  in 
some  connection  with  the  war  as  existing  in  the  State  of 
Texas.  Service  rendered  within  the  State  of  Tennessee 
after  June  13,  1865,  will  likewise  be  presumed  not  to  have 
been  in  said  war  unless  shown  to  have  hud  some  necessary 
connection  with  the  war  elsewhere.  (Digest  of  1897,  p.  476.) 

4.  A  person  who  rendered  service  in  a  State  organization 
which  was  never  a  part  of  the  Federal  Army,  and  whose 
sole  service  was  under  the  authority  of  a  State,  said  organi- 
zation or  person  never  having  acted  under  orders  of  an 
officer  of  the  United  States,  is  not  pensionable  under  this 
act. 

5.  Persons  who  were  employed  in  the  civil  branch  of  the 
service  are  not  included  within  the  terms  of  the  act  of 
June  27,  1890.     This  rule  embraces  acting  assistant  or 
contract  surgeons,  provost  marshals,  deputy  provost-mar- 
shals, enrolling  officers,  cadets  in  the  United  States  Mili- 
tary and  Naval  academies,  quartermaster's  employees,  and 
pilots  in  the  naval  service. 

6.  An  honorable  discharge  from  all  service  contracted  to 
be  performed  during  the  war  of  the  rebellion  is  a  prerequisite 
to  pension  under  the  act  of  June  27,  1890;  but  desertion 
from  the  Eegular  Army  under  an  enlistment  subsequent  to 
the  war  of  the  rebellion  is  not  a  bar  to  allowance  of  pen- 
sion under  that  act. 

7.  The  provisions  of  section  4716  apply  to  claims  under 
sections  2  and  3  of  the  act  of  June  27,  1890.    Therefore,  if 
the  claimant  in  any  manner  voluntarily  engaged  in,  or 
aided  or  abetted,  the  late  rebellion  against  the  authority 
of  the  United  States,  there  is  no  title  to  pension  under 
that  act.    The  acts  of  March  3,  1877,  and  August  1,  1892, 


PRACTICE  OF  THE  PENSION  BUREAU.      101 

which  remove  the  disability  of  those  who,  having  partici- 
pated in  the  rebellion,  afterwards  voluntarily  enlisted  in 
the  Army  or  Navy  of  the  United  States,  and  who,  while  in 
such  service,  incurred  disability  from  a  wound,  or  injury 
or  disease  contracted  in  the  line  of  duty,  do  not  apply  to 
claims  under  the  second  and  third  sections  of  the  act  of 
June  27,  1890. 

8.  Where  a  drafted  man  or  substitute  was  examined  and 
accepted  by  a  board  of  enrollment  in  a  draft  district,  he 
was  in  the  United  States  service  until  discharged,  as  any 
other  soldier  might  be.     Where  a  soldier  was  accepted  as 
a  substitute  by  a  board  of  enrollment  and  mustered  into 
the  service  of  the  United  States  by  a  provost  marshal,  and 
was  afterwards  again  examined  at  the  general  draft  rendez- 
vous, rejected,  and  discharged  from  the  service  on  a  sur- 
geon's certificate,  it  is  held  that  said  soldier  was  in  the 
service  of  the  United  States  from  the  date  of  his  acceptance 
by  the  board  of  enrollment  to  the  date  of  his  discharge  for 
disability,  even  if  the  cause  of  his  disability  existed  at  the 
date  of  his  enlistment. 

9.  A  service  of  ninety  days  or  more  during  the  war  of  the 
rebellion,  in  actual  cooperation  with  the  Navy  under  the 
orders  of  the  President,  and  an  honorable  discharge  from 
such  service,  is  sufficient  to  give  the  officers  and  seamen 
of  the  United  States  Revenue  Marine  Service  a  pensionable 
status  under  the  provisions  of  section  2,  act  of  June  27, 
1890. 

CLAIMS   FOR   INCREASE  UNDER  THE  ACT  OF  JUNE  27,  1890. 

1.  Original  pension  having  been  allowed,  any  subsequent 
increase  of  pension  must  be  based  on  the  fact  that  there  is 
increased  incapacity  for  earning  a  support  by  manual  labor, 
and  must  be  adjudicated,  so  far  as  commencement  of  the 
increased  rate  is  concerned,  under  section  46984,  Ke vised 
Statutes. 

2.  In  claims  for  increase  under  the  act  of  June  27,  1890, 
if  the  declaration  does  not  specify  any  causes  of  disability 


102     PRACTICE  OF  THE  PENSION  BUREAU. 

it  shall  be  deemed  a  claim  for  increase  on  account  of  the 
causes  already  accepted ;  provided,  however,  that  if  the 
examination  shall  show  other  disabling  causes  the  claimant 
shall  be  accorded  the  same  right  to  amend  his  declaration 
as  in  an  original  claim.  If  new  disabling  causes  are  alleged 
in  an  application  for  increase  the  same  averments  must  be 
made  in  regard  to  such  disabling  causes  as  are  required  in 
original  claims;  and  in  all  cases  when  increase  is  allowed 
it  will  commence  at  the  date  of  the  certificate  of  medical 
examination  establishing  the  same.  The  rule  with  regard 
to  proof  of  non-vicious  habits  applies  to  the  new  disabling 
causes  the  same  as  in  original  claims. 

3.  When  a  declaration  for  increase  is  filed  on  account  of 
the  old,  or  newly  alleged  causes  of  disability,  and  in  the 
same  declaration  the  claimant  states  that  he  wishes  to 
secure  a  restoration  of  the  former  rate  from  date  of  reduc 
tion,  or  that  he  claims  pension  from  the  date  of  filing  a 
prior  application,  or  a  higher  rate  from  the  date  of  com- 
mencement of  original  pension,  such  claim  will  be  treated 
as  a  claim  for  increase,  and  that  part  of  the  claim  which 
relates  to  the  other  matters  stated  herein  will  be  rejected 
as  informal. 

4.  When  a  declaration  is  filed  under  the  act  of  March  G, 
1896,  for  reissue  to  allow  pension  from  date  of  filing  the 
first  application,  and  in  such  application  the  claimant  sets 
forth  causes  of  disability  not  included  in  the  former  rate, 
the  application  will  be  treated  as  a  claim  for  reissue  under 
the  act  of  March  6, 1896,  without  reference  to  the  new  disa- 
bilities mentioned  in  said  application. 

5.  Where  a  claimant  is  a  pensioner  under  the  general 
law,  and  applies  for  additional  pension  under  the  act  of 
June  27, 1890,  the  disability  for  which  pension  was  allowed 
under  the  general  law  will  be  taken  into  account  in  deter- 
mining the  rate  under  the  act  of  June  27,  1890,  whether  it 
is  set  forth  in  the  declaration  filed  under  the  act  of  June 
27,  1890,  or  not. 

6.  Where  an  application  was  filed  under  the  act  of  June 
27,  1890,  alleging  certain  disabilities,  and  the  claim  was 


PRACTICE  OP  THE  PENSION  BUREAU.     103 

rejected  on  the  ground  of  no  ratable  disability,  and  the 
claimant  afterwards  tiles  another  application  for  other  dis- 
abilities, if  the  medical  examination  held  under  the  last 
application,  and  the  evidence,  show  a  ratable  disability 
from  the  causes  set  forth  in  the  first  application,  they  will 
be  taken  into  account  in  fixing  the  rate  of  pension, 
whether  they  were  alleged  in  the  last  application  or  not. 

7.  Where  a  case  was  acted  upon  by  the  Board  of 
Revision,  in  which  a  claim  for  increase  under  the  act  of 
June  27,  1890,  was  pending,  and  the  pension  was  either 
dropped,  reduced,  or  continued  by  such  revision,  the  appli- 
cation for  increase  will  be  held  to  have  been  finally  adjudi- 
cated by  the  action  of  the  Board  of  Revision. 

RESTORATION,  RENEWAL   AND   REISSUE. 

1.  A  declaration  for  restoration  should  be  executed  in 
the  same  manner  as  those  for  original  claims,  and  should 
set  forth  in  full  the  reasons  why  the  applicant  believes  the 
action  of  dropping  or  reduction  of  rate  was  improper.    As 
stated  before,  a  statement  of  the  claimant  in  an  increase 
application  that  he  wishes  to  secure  restoration  of  a  former 
rate  where  the  pension  had  been  reduced,  is  not  treated  as 
a  claim  for  restoration,  but  one  for  increase. 

2.  Where  the  pensioner's  name  has  been  dropped  from 
the  rolls  on  the  ground  of  no  ratable  disability,  and  a  claim 
for  restoration  is  filed,  if  the  medical  examination  held 
thereunder  shows  a  ratable  disability  from  the  causes  for 
which  pension  was  originally  granted,  the  claimant  should 
be  afforded  an  opportunity  to  furnish  competent  testimony 
showing  that  such   disability  has  existed  in   a  ratable 
degree  from  the  date  when  he  was  dropped.     If  the  testi- 
mony fails  to  show  a  ratable  disability  from  date  of  drop- 
ping, but  does  show  a  degree  of  disability  ratable  under 
the  act  of  June  27,  1890,  at  the  date  of  filing  the  claim  for 
restoration,  a  renewal  of  pension  will  be  granted  to  com- 
mence at  date  of  filing  such  application  for  restoration, 
and  the  claim  for  restoration  of  pension  from   date  of 
dropping  will  be  rejected. 


104  PRACTICE    OF    THE    PENSION    BUREAU. 

3.  When  the  pensioner's  name  has  been  dropped  from 
the  rolls  on  the  ground  of  no  ratable  disability,  and  a  new 
declaration  is  filed  alleging  the  same  or  additional  causes 
of  disability,  the  process  of  adjudication  of  such  claim  will 
be  the  same  as  if  no  prior  application  had  ever  been  filed, 
and  pension,   if  allowed    thereunder,   will  be  termed   a 
"renewal,"  and  commences   at  date  of  filing    the    new 
declaration. 

4.  Where  an  application  was  filed  under  the  act  of  June 
27,  1890,  and  it  was  rejected  after  a  medical  examination, 
and  pension  was  afterwards  allowed  under  a  new  appli- 
cation to  'commence  at  date  of  filing  such  new  appli- 
cation, and  the  claimant  files  an  application  under  the  act 
of  March  6,  1890,  asking  to  have  the  date  of  commence- 
ment of  pension  changed  to  the  date  of  filing  the  first 
application,  a  new  medical  examination  will  not  be  ordered 
and  no  evidence  will  be  called  for  under  such  application, 
but  the  case  will  be  adjudicated  upon  the  sole  point 
involved,  viz  :  whether  the  evidence  in  the  case  showed  a 
pensionable  disability  to  have  existed  at  the  time  of  tiling 
such  first  application.    This  question  is  one  for  the  decision 
of  the  medical  referee,   with  the  exceptions  heretofore 
indicated. 

BRIEFING  CLAIMS  FOR  INVALID  PENSION  UNDER  THE  ACT 
OF  JUNE  27,  1890. 

1.  All  cases  should  be  fully  and  carefully  briefed  and  the 
papers  arranged  in  accordance  with  existing  orders  and 
the  face  brief  should  show  the  same  facts  as  heretofore 
indicated  under  the  head  of  "Briefing  claims  for  invalid 
pensions77  under  the  general  law. 

2.  The  pensionable  service  in  claims  under  this  act  is 
the  last  service  rendered  by  the  claimant  during  the  war 
of  the  rebellion,  provided  that  service  covered  the  period 
of  ninety  days  or  more.     If  not,  then  the  prior  service 
should  be  included  in  the  pensionable  service  at  the  head 
of  the  brief. 


PRACTICE  OF  THE  PENSION  BUREAU.     105 

3.  When  the  last  rebellion  service  was  in  the  Veteran 
.Reserve  Corps  the  service  from  which  the  claimant  was 
transferred    to  the  Veteran    Reserve    Corps    should    be 
included  in  the  pensionable  service. 

4.  If  the  last  rebellion  service  was  rendered  in  the  United 
States  Navy  or  Marine  Corps  and  was  for  the  full  period  of 
ninety  days  or  more,  only  the  Navy  service  or  the  service 
in  the  Marine  Corps  should  appear  at  the  head  of  the  brief. 
If  such  service  in  the  Navy  or  Marine  Corps  was  less  than 
ninety  days,  the  prior   service  in  the  Army  should  be 
included  in  the  pensionable  service. 

5.  When  the  claimant  is  a  pensioner  under  the  general 
law  for  disabilities  contracted  in  a  prior  service  during'  the 
war  of  the  rebellion,  such   service  should  appear  at   the 
head  of  the  brief  as  well  as  the  last  rebellion  service. 

6.  The  highest  rank  held  by  the  claimant  during  his  pen- 
sionable service  should  always  appear  at  the  head  of  the 
brief  as  the  pensionable  rank  under  this  act. 

7.  Where  the  claimant  is  now  a  pensioner  under  other 
laws,  the  date  when  such  pension  commenced  and  the  rate 
should  appear  on  the  brief.    If  such  pension  has  ceased 
the  date  of  last  payment  of  same  should  appear  on  the 
brief. 

LEGAL  AND  MEDICAL  REVIEW  OF  INVALID  CLAIMS  UNDER 
THE  ACT  OF  JUNE  27,  1890. 

1.  The  rules  which  govern  the  review  of  claims  under 
the  general  law  will  apply  to  claims  under  the  act  of  June 
27,  1890.  Great  care  should  be  taken  by  the  legal  reviewer 
to  dispose  of  all  claims  set  up  by  the  applicant;  and  where 
an  allowance  is  made,  but  some  portion  of  the  claim  as  con- 
tained in  the  application  or  applications  is  disallowed,  or 
held  up  for  further  evidence,  a  slip  should  be  attached  to 
the  face  of  the  brief  requesting  the  chief  of  the  Certificate 
Division  to  return  the  papers,  after  issue  of  certificate,  to 
the  proper  division,  for  letter  of  rejection  or  such  other 
action  as  the  chief  of  the  Board  of  Eeview  or  the  medical 
referee  shall  indicate. 


106     PRACTICE  OF  THE  PENSION  BUREAU. 

2.  Claims  should  be  approved  by  the  legal  reviewer  for 
all  the  disabilities  that  are  properly  alleged  and  shown  not 
to  be  due  to  vicious  habits,  and  the  medical  reviewer  will 
fix  the  rate  of  pension  to  which  the  claimant  is  entitled 
for  the  disabilities  covered  by  the  approval  of  the  legal 
reviewer.     Where  the  question  as  to  the  date  of  commence- 
ment of  pension  in  original  claims  is  a  legal  one,  the  date 
of  commencement  will  be  determined  by  the  legal  reviewer, 
and  stated  on  the  brief  at  the  time  of  his  approval;  but 
when  the  question  of  commencement  of  pension  depends 
upon  the  medical  action,  the  date  of  commencement  will 
not  be  placed  upon  the  brief  until  after  the  medical  action 
has  been  taken. 

In  considering  the  question  as  to  whether  a  former  rejec- 
tion of  a  claim  should  be  vacated,  and  pension  commence 
at  the  date  of  a  prior  application,  the  medical  reviewer 
should  be  governed  in  the  determination  of  the  question 
by  the  rules  laid  down  by  the  Secretary  of  the  Interior 
with  regard  to  the  sufficiency  of  evidence  on  file  in  the 
case  to  overcome  the  certificates  of  medical  examination 
upon  which  former  action  was  based. 

3.  When  it  is  necessary  for  the  legal  reviewer  to  submit 
a  question  for  a  medical  opinion  in  advance  of  the  legal 
approval  of  the  claim  he  should  refer  the  case  to  the  med- 
ical referee  for  that  purpose,  indicating  clearly  the  points 
upon  which  he  desires  a  medical  opinion. 

4.  If  a  claim  is  not  properly  submitted  in  accordance 
with  existing  orders,  or  if  the  testimony  is  not  sufficient  to 
prove  the  facts  necessary  to  the  allowance  of  the  claim, 
the  case  should  be  returned  by  the  legal  reviewer  to  the 
adjudicating    division,   with    a    slip    fully   setting    forth 
wherein  the  evidence  is  defective  or  in  what  respect  the 
submission  of  the  case  was  improper.     If,  in  the  opinion 
of  the  chief  of  the  Board  of  Review,  the  claim  should  be 
referred  for  special  examination,  the  same  rules  will  govern 
such  reference  as  apply  to  claims  under  the  general  law. 

5.  When  a  claim  is  submitted  for  allowance  under  the 
general  law,  and  under  the  act  of  June  27, 1890,  the  claim- 


PRACTICE  OF  THE  PENSION  BUREAU.     107 

ant  will  not  be  required  to  elect  under  which  law  he  wishes 
to  be  pensioned,  but  issue  will  be  made  under  that  law 
clearly  shown  to  be  of  most  benefit  to  the  claimant,  and 
the  other  claim  will  be  rejected  on  the  ground  of  no  benefit, 
setting  forth  fully  the  reasons  therefor.  In  cases  where 
the  rate  and  date  of  commencement  of  pension  are  the 
same  under  both  laws,  issue  will  be  made  under  the  gen- 
eral law  and  the  claim  under  the  act  of  June  27,  1890,  will 
be  rejected. 

CLAIMS  OF  WIDOWS  UNDER  THE  ACT  OF  JUNE  27,  1890. 

1.  The  third  section  of  the  act  of  June  27,  1890,  confers 
title  to  pension  upon  the  widows  of  officers  or  enlisted  men 
who  served  in  the  Army  or  Navy  of  the  United  States 
during  the  late  war  of  the  rebellion. 

The  law  requires  in  a  widow's  case: 
(a}  That  the  soldier  or  sailor  served  at  least  ninety  days 
during  said  war. 

(b)  That  he  was  honorably  discharged. 

(c)  Proof  of  death  of  soldier,  but  it  need  not  have  been 
the  result  of  his  army  service. 

(d)  That  the  widow  is  "  without  other  means  of  support 
than  her  daily  labor.'7 

(e)  That  she  married  the  soldier  prior  to  June  27,  1890 — 
date  of  the  act. 

2.  Declarations  of  widows  under  this  act  should  be  exe- 
cuted in  the  same  manner  and  form  as  in  general  law 
claims,  but  to  constitute  a  valid  claim  under  the  act  of 
June  27,  1890,  all  the  essential  elements  of  title  as  indi- 
cated in  the  preceding  paragraph  must  be  alleged  in  the 
declaration. 

The  above  rule  is  modified  in  the  instructions  of  the 
Secretary,  dated  July  28,  1897,  which  permit  a  supple- 
mental affidavit  to  be  filed  in  claims  under  this  act,  cover- 
ing the  particulars  wberein  the  declaration  is  defective, 
but  such  instructions  are  not  intended  to  be  retroactive 
nor  to  overturn  the  actions  taken  in  such  cases  under  the 
former  practice. 


108     PRACTICE  OF  THE  PENSION  BUREAU. 

3.  The  declaration  being  formal,  the  proof  of  marriage 
and  the  absence  of  a  legal  bar  to  marriage,  iion- divorce,  and 
legal  widowhood  are  governed  by  the  same  rules  as  apply 
to  claims  of  widows  under  the  general  law. 

4.  The  rate  of  pension  under  this  act  is  $8  per  month, 
irrespective  of  the  rank  of  the  soldier,  and  $2  per  month 
for  each  child  of  such  officer  or  enlisted  man  under  16  years 
of  age.    The  pension  commences  at  the  date  of  filing  the 
application  under  this  act.    The  rules  as  to  evidence  of  dates 
of  birth  of  children  and  the  law  as  to  the  forfeiture  of  pen- 
sion by  a  widow  apply  equally  in  claims  under  this  act  as 
under  the  general  law  and  need  not  here  be  repeated,  as 
they  are  fully  set  forth  in  another  part  of  this  treatise. 

5.  An  honorable  discharge    of   the  soldier    on   whose 
account  pension  is  claimed,  from  all  rebellion  service  is  a 
prerequisite  to  pension  under  the  third  section  of  this  act. 
The  death  of  a  soldier  in  service  is  not  an  "honorable  dis- 
charge1' within  the  meaning  of  the  act  of  June  27, 1890,  and 
the  widow  of  a  soldier  who  dies  in  service  is  not  pension- 
able under  the  act  of  June  27,  1890,  he  not  having  been 
honorably  discharged  from  service. 

But  when  the  soldier  has  served  a  term  of  ninety  days 
or  more  during  the  late  war  of  the  rebellion  and  has  been 
honorably  discharged  therefrom,  i  eenlists  and  dies  during 
his  subsequent  term  of  service,  his  death  not  being  the 
result  of  a  violation  of  any  law.  rule,  or  regulation  of  the 
military  or  naval  service,  his  widow  is  entitled  to  pension 
under  this  act  on  compliance  with  the  other  conditions  of 
the  act. 

6.  The  discharge  of  an  enlisted  man  by  reason  of  his 
promotion  to  a  higher  rank  is  not  a  discharge  within  the 
meaning  of  the  act  of  June  27, 1890,  and  when  such  soldier 
was,  after  his  promotion,  dismissed  from  the  service  by 
sentence  of  a  court-martial  he  can  not  be  held  to  have 
been  honorably  discharged. 

.     7.  The  proof  of  marriage  required  in  claims  under  the 
act  of  June  27,  1890,  is  the  same  as  that  required  in  claims 


PRACTICE  OF  THE  PENSION  BUREAU.     109 

under  the  general  law,  but  it  should  be  remembered  that 
the  provisions  of  section  4705,  Eevised  Statutes,  relating  to 
proof  of  marriage  of  colored  and  Indian  soldiers  and 
sailors  have  no  application  to  claims  for  pension  under  the 
third  section  of  the  act  of  June  27,  1890,  and  in  such  cases 
the  claimant  must  prove  her  marriage  by  the  laws  govern- 
ing marriages  in  the  State  where  she  and  the  soldier  resided 
at  the  time/ 

8.  Where  the  claimant  and  soldier  were  married  prior  to 
June  27,  1890,  were  divorced,  and  were  remarried  by  cere- 
mony subsequent  to  the  passage  of  the  act  of  June  27, 
1890,  the  widow  has  no  title  to  pension  under  that  act,  as 
she  was  not  the  wife  of  the  soldier  on  June  27, 1890. 

9.  Where  a  soldier  was  pensioned  under  the  general  law 
and  dies,  his  widow  files  an  application  under  the  act  of 
June  27,  1890,  while  the  proof   shows  clearly  that  the 
soldier's  death  was  due  to  the  disability  for  which  he  was 
pensioned,  the  presumption  is  that  the  claimant  filed  her 
application  under  the  act  of  June  27,  1890,  under  a  misap- 
prehension of  her  rights,  and  in  such  cases  she  should  be 
fully  advised  thereof  and  given  an  opportunity  to  file  a 
claim  under  the  general  law  before  the  claim  under  the  act 
of  June  27,  1890,  is  adjudicated. 

10.  The  fact  and  date  of  the   soldier's  death  may  be 
proven  by  a  certified  copy  of  the  public  records,  or  by  the 
testimony  of  the  attending  physician  or  of  two  credible 
and  competent  witnesses. 

Death  of  soldier  may  be  presumed  if  satisfactory  evi- 
dence is  produced  establishing  the  fact  of  the  continued 
and  unexplained  absence  of  such  soldier  from  his  home 
and  family  for  a  period  of  seven  years,  during  which 
period  no  intelligence  of  his  existence  shall  have  been 
received.  (Act  of  March  13,  1896.) 

The  facts  attending  such  absence  must  be  such  that  the 
absence  of  the  soldier  can  not  be  accounted  for  on  any 
other  theory  than  that  of  death,  and  the  proof  required  in 
such  cases  should  be  very  specific  with  reference  to  the 


110     PRACTICE  OF  THE  PENSION  BUREAU. 

soldier's  habits,  his  domestic  relations,  and  all  other  facts 
which  may  have  a  bearing  as  to  his  motive  for  leaving  his 
home  and  family.  Usually  such  cases  should  not  receive 
favorable  action  without  a  special  examination  to  deter- 
mine all  the  facts  attending  such  disappearance. 

PROOF  OF   DEPENDENCE   IN  CLAIMS    OF   WIDOWS    UNDER 
THE  ACT  OF  JUNE  27,  1890. 

1.  The  claimant  should  in  all  cases  be  required  to  furnish 
her  statement  under  oath,  showing  the  character,  location, 
and  value  of  all  property,  real,  personal,  or  mixed,  includ- 
ing bonds,  stocks,  and  investments,  owned  by  her  or  in 
which  she  has  had  any  interest,  and  the  full  amount  of  her 
income  per  month  or  year  from  all  sources  since  the  date 
of  filing  her  claim  for  pension,  and  whether  any  person 
has  been  legally  bound  to  provide  for  her  support. 

2.  There  should  also  be  required  a  duly  verified  state- 
ment by  the  officer  having  custody  of  the  proper  records, 
describing  all  taxable  property  borne  on  the  rolls  in  the 
name  of  claimant  or  her  husband  for  the  year  in  which  her 
application  was  filed  and  every  year  since  that  date,  and 
showing  the  assessed  value  of  such  property  and  the  ratio 
which  the  assessed  value  bears  to  the  true  or  cash  value. 
If  such  officer  has  no  official  seal  by  which  to  authenticate 
his  signature,  his  statement  should  be  under  oath. 

3.  If  any  property  is  encumbered  by  mortgage  or  other- 
wise, there  should  be  filed  a  duly  authenticated  transcript 
from  the  public  records  showing  what  property  is  encum- 
bered and  the  amount  of  encumbrance. 

4.  If  the  claimant  has  disposed  of  any  real  estate  since 
the  date  of  filing  her  claim  for  pension,  a  transcript  from 
the  public  records  showing  when,  to  whom,  and  for  what 
consideration  the  transfer  was  made  should  be  required. 

5.  Testimony  of  at  least  two  credible  and  competent  wit- 
nesses should  be  required,  showing  the  character,  location, 
and  value  of  all  property,  real,  personal,  or  mixed,  owned 
by  the  claimant,  or  in  which  she  had  any  interest  since  the 


PRACTICE    OF    THE    PENSION    BUREAU.  Ill 

date  of  filing  her  application,  and  also  the  amount  of  her 
income  from  all  sources  and  her  means  of  support  during 
the  same  period. 

6.  Iii  determining  the  question  of  dependence  in  this 
class  of  cases,  an  inflexible  rule  of  practice  as  to  the  amount 
of  income  can  not  be  established.     It  is  very  unusual  to 
find  two  cases  with  the  same  existing  conditions  and  cir- 
cumstances, and  each  case  will  be  considered  upon  its 
merits,  in  the  light  of  all  the  facts  presented  in  evidence. 

7.  The  amount  of  income  derived  from  property  is  not 
the  sole  question  to  be  considered  in  determining  the  fact 
of  a  widow's  dependence.     Her  means  of  support  include 
all  those  resources  from  which  the  wants  of  life  are  sup- 
plied.    If,  therefore,  a  claimant  owns  a  large  amount  of 
unproductive  property  which  has  a  commercial  value,  she 
can  not  obtain  a  pension  on  the  ground  that  she  received 
no  income  therefrom.     Thus,  where  a  widow  owns  real 
estate  and  personal  property  of  a  value  which,  reduced  to 
cash   and  invested  at  the  usual  rates  of  interest,  would 
yield   an   annual  income  considerably  in    excess   of  the 
amount  which  the  act  of  June  27, 1890,  provides  for  widows, 
it  is  held  that  she  is  not  without  other  means  of  support 
than  her  daily  labor. 

8.  The  questions  of  age  and  physical  and  mental  infirmity, 
or  of  location  (as  affecting  living  expenses)  and  social  con- 
dition, should  not  be  regarded  as  factors  in  considering  the 
question  of  dependence.    But  when  the  income  is  derived 
mainly  from  the  widow's  manual  labor  or  the  labor  of  her 
minor  children  it  is  held  that  she  is  without  other  means  of 
support  under  the  provisions  of  the  act. 

CLAIMS  ON  ACCOUNT  OF  MINORS  UNDER  THE   ACT  OF 
JUNE  27,  1890. 

1.  The  third  section  of  the  act  of  June  27, 1890,  provides 
that  uin  case  of  the  death  or  remarriage  of  the  widow, 
leaving  a  child  or  children  of  such  oificer  or  enlisted  man 
under  the  age  of  16  years,  such  pension  shall  be  paid  such 
child  or  children  until  the  age  of  1G." 


112     PRACTICE  OF  THE  PENSION  BUREAU. 

Proof  of  dependence  in  a  pecuniary  point  of  view  is  not 
necessary  to  establish  a  minor's  pensionable  status.  The 
proof  required  in  a  minor's  claim  is  the  same  as  in  a 
widow's  claim,  except  proof  of  dependence,  and  the  rules 
heretofore  stated  as  necessary  to  establish  a  minor's  claim 
under  the  general  law  with  respect  to  marriage  of  parents, 
dates  of  birth  of  all  children  under  the  age  of  16  at  date 
of  soldier's  death,  death  or  remarriage  of  the  mother,  etc., 
apply  to  this  class  of  claims. 

2.  Under  the  act  of  June  27, 1890,  a  minor  may  file  a  dec- 
laration and  prosecute  his  or  her  claim  in  person,  by  guar- 
dian or  next  friend,  but  where  the  claim  is  completed  by  the 
minor  or  next  friend,  before  payment,  a  guardian  must  be 
appointed,  and  when  qualified  to  act,  the  pension  should 
be  paid  to  him. 

3.  Pensions  granted  to  minor  children  of  soldiers  under 
this  act  commence  at  the  date  of  filing  the  application 
therefor  after  the  passage  of  said  act,  the  death  of  the 
soldier  and  the  death  or  remarriage  of  the  widow,  or  for- 
feiture of  her  right  to  pension.     The  rate  is  $8  per  mouth 
and  $2  per  month  additional  for  each  minor  child  until  such 
child  reaches  the  age  of  16. 

4.  The  minor  children  of  a  deceased  soldier  by  a  former 
marriage  prior  to  June  27, 1890,  have  no  title  to  pension  in 
their  own  right  under  the  act  of  June  27,  1890,  while  the 
widow  of  such  soldier  is  living  and  not  remarried,  unless 
such  widow  has  forfeited  her  right  to  pension  under  the 
act  of  August  7,  1882,  or  section  4706,  Revised  Statutes, 
notwithstanding  such  widow  married  such  soldier  subse- 
quent to  June  27,  1890,  and  that  he  did  not  die  of  any 
disease,  wound,  or  injury  incurred  in  the  service. 

5.  The  inhibition  of  the  last  proviso  in  the  third  section 
of  the  act  of  June  27,  1890,  against  widows  who  were  mar- 
ried to  the  soldier  after  the  passage  of  the  act,  extends  to 
the  children  of  such  marriage.    Therefore,  if  the  soldier 
was  married  or  marries  after  June  27, 1890,  and  dies,  neither 
his  widow  nor  his  children  of  such  marriage  become  entitled 
to  pension  under  the  provisions  of  said  act. 


PRACTICE    OF    THE    PENSION    BUREAU.  113 

INSANE,  IDIOTIC    OR    OTHERWISE    PERMANENTLY    HELP- 
LESS MINORS. 

1.  The  proviso  in  the  third  section  of  the  act  of  June  27, 
1890,  is  as  follows:  "That  in  case  a  minor  child  is  insane, 
idiotic,  or  otherwise  permanently  helpless,  the  pension  shall 
continue  during  the  life  of  said  child,  or  during  the  period 
of  such  disability,  and  this  proviso  shall  apply  to  all  pen- 
sions heretofore  granted  or  hereafter  to  be  granted  under 
this  or  any  former  statute,  and  such  pensions  shall  com- 
mence from  the  date  of  application  therefor  since  the 
passage  of  this  act." 

2.  The  term  "permanently  helpless"  is,  in  its  application 
to  the  capacity  of  a  minor  to  earn  a  support,  relatively  of 
the  same  meaning  as  the  words  "insane"  and  "idiotic" 
used  in  the  same  clause — that  is,  in  the  sense  that  an  in- 
sane or  idiotic  person  would  be  incapable  of  earning  a  living 
or  attending  to  his  personal  comforts — so  one  suffering  from 
permanent  injuries  or  disease  of  body  in  a  degree  that 
would  prevent  him  from  performing  any  labor  or  from 
caring  for  himself  would  be  helpless  and  entitled  to  the 
benefits  conferred  by  the  said  proviso. 

It  is  held  that  the  loss  of  one  leg  does  not  render  a  minor 
"permanently  helpless"  in  contemplation  of  the  statute. 

3.  A  soldier's  child  who  becomes  insane  or  permanently 
helpless  after  he  has  completed  his  sixteenth  year  is  not 
entitled  under  the  provisions  of  this  section,  and  there  is 
no  provision  of  law  by  which  a  helpless  or  idiotic  child 
who  was  over  16  years  of  age  at  the  death  of  the  soldier 
can  be  pensioned. 

4.  A  declaration  on  behalf  of  an  alleged  helpless  child 
(at  present  a  co-pensioner  with  other  minors)  for  continu- 
ance of  pension  to  an  insane,  idiotic,  or  otherwise  perma- 
nently helpless  minor,  filed  prior  to  the  period  when  such 
minor  shall  have  attained  the  age  of  16  years,  will  not  be 
considered  nor  the  claim  adjudicated  until  such  alleged 
helpless  child  becomes  16  years  of  age.    And  in  the  event 

19078 8 


114  PRACTICE    OF    THE    PENSION    BUREAU. 

such  continuance  of  pension  shall  be  granted  by  reason  of 
permanent  helplessness,  the  same  will  commence  on  the 
day  following  the  termination  of  the  minor's  pension  pre- 
viously granted.  But  when  the  declaration  for  continuance 
of  pension  or  increase  on  behalf  of  a  child  or  children  who 
have  attained  the  age  of  16  years  since  June  27,  1890,  has 
been  or  shall  hereafter  be  filed  after  the  period  when  such 
child  or  children  became  16  years  old,  the  pension  or  in- 
crease will  commence  from  the  date  of  filing  such  application. 

5.  The  statute  only  provides  for  the  continuance  of  a 
pension  already  granted  or  hereafter  to  be  granted  to 
a  minor  under  16  years  of  age,  or  to  the  widow  on  its 
account.    It  makes  no  grant  direct  to  a  child  who  is  over 
16  years  of  age,  but  provides  that  when  a  pension  is  granted 
to  such  minor  who  is  insane,  idiotic,  or  permanently  help- 
less, or  to  the  widow  on  its  account,  such  pension  shall  con- 
tinue during  the  life  of  such  child  or  during  the  continuance 
of  the  disability.    Therefore  if  no  pension  has  been  granted 
to  a  child,  nor  to  the  widow  on  its  account,  while  it  was 
under  the  age  of  16  years,  and  no  right  to  a  pension  has 
accrued  to  it  during  its  minority,  there  is  no  provision  of 
law  by  which  it  can  now  be  pensioned  as  the  surviving 
child  of  the  soldier. 

6.  Where  pension  granted  to  a  widow  on  account  of  a 
minor  child  of  her  deceased  husband  has  been  terminated 
because  such  child  had  attained  its  sixteenth  year,  and 
said  child  has  been  continuously  since  reaching  its  six- 
teenth year  insane,  idiotic,  or  otherwise  permanently  help- 
less, pension  may  be  allowed  it  (subject  to  the  right  of 
other  minor  children  of  the  deceased  father  to  participate 
with  it  in  such  pension  during  their  minority),  after  the 
termination  of  the  widow's  right  to  pension,  from  the  date 
of  filing  application  therefor  subsequent  to  June  27,  1890, 
upon  proof  of  its  continued  insanity,  idiocy,  or  permanent 
helplessness,  the  rate  of  such  pension  being  determined  by 
the  law  under  which  original  title  is  taken. 

7.  During  the  life  of  a  widow  pensioner  who  has  not 
remarried,  no  minor  has  any  pensionable  rights,  and  the 


PRACTICE    OF    THE    PENSION    BUREAU.  115 

only  allowance  that  can  be  made  on  account  of  a  helpless 
minor  under  the  act  of  June  27,  1890,  in  such  a  case,  is 
the  continuance  of  the  $2  increase  to  the  widow,  and  she 
alone  can  apply  for  and  obtain  it. 

8.  Where  two  or  more  minor  children  are  pensioned  in 
their  own  right,  and  one  of  them  is  entitled  to  continuance 
of  pension  upon  attaining  the  age  of  16,  by  reason  of 
insanity,  idiocy,  or  otherwise  permanent  helplessness,  such 
child  will  receive  its  pro  rata  share  of  the  entire  pension 
until  all  the  other  children  have  attained  the  age  of  16, 
after  which  it  will  receive  the  pension  in  its  entirety  during 
the  life  of  such  child  or  during  the  period  of  such  disa- 
bility.   But  the  payments  which  have  been  made  to  them 
under  a  different  construction  of  the  law  will  not  be  dis- 
turbed. 

9.  Claims  of  helpless  minors  will  be  placed  upon  the 
"  special "  list,  and  will  be  taken  up  for  action  as  soon  as 
received  in  the  adjudicating  division. 

In  addition  to  the  testimony  usually  required  in  claims 
of  minors  a  call  should  be  made  for  medical  evidence 
showing  the  physical  and  mental  condition  of  the  child  for 
a  period  antedating  its  attaining  the  age  of  16  to  the  pres- 
ent date.  A  medical  examination  will  also  be  ordered 
which  should  be  done  under  the  direction  of  the  medical 
referee. 

The  approval  of  the  legal  reviewer  in  cases  of  this  kind 
carries  only  the  legal  questions,  and  the  allowance  of  the 
claim  must  be  subject  to  the  approval  of  the  medical 
referee  on  the  medical  questions  involved,  viz :  the  fact 
of  insanity,  idiocy,  or  otherwise  permanent  helplessness 
necessary  to  give  title  to  pension. 

CLAIMS  OF  DEPENDENT  PARENTS  UNDER  THE  ACT  OF  JUNE 

27,  1890. 

1.  The  first  section  of  the  act  of  June  27,  1890,  provides 
that  "  in  considering  the  pension  claims  of  dependent 
parents,  the  fact  of  the  soldier's  death  by  reason  of  any 
wound,  injury,  casualty,  or  disease  which,  under  the  con- 


116     PRACTICE  OF  THE  PENSION  BUREAU. 

ditions  and  limitations  of  existing  laws,  would  have  entitled 
him  to  an  invalid  pension,  and  the  fact  that  the  soldier 
left  no  widow  or  minor  children  having  been  shown,  as 
required  by  law,  it  shall  be  necessary  only  to  show  by  com- 
petent and  sufficient  evidence  that  such  parent  or  parents 
are  without  other  present  means  of  support  than  their  own 
manual  labor  or  the  contributions  of  others  not  legally  bound 
for  their  support:  Provided,  That  all  pensions  allowed 
to  dependent  parents  under  this  act  shall  commence  from 
date  of  the  filing  of  the  application  hereuuder,  and  shall 
continue  no  longer  than  the  existence  of  the  dependence." 

2.  The  proof  required  in  a  claim  of  dependent  parents 
under  this  act  is : 

(a)  That  the  soldier  died  of  a  wound,  injury,  or  disease, 
which,  under  prior  laws,  would  have  given  him  a  pension. 

(&)  That  he  left  no  widow  or  minor  child. 

(c)  That  the  mother  or  father  is  at  present  dependent  on 
her  or  on  his  own  manual  labor,  being  "without  other 
present  means  of  support  than  their  own  manual  labor  or 
the  contributions  of  others  not  legally  bound  for  their 
support." 

The  benefits  of  the  above-stated  section  of  the  act  of 
June  27,  1890,  are  not  confined  to  the  parents  of  those  who 
served  in  the  war  of  the  rebellion,  but  are  extended  to  all 
parents  where  pensionable  dependence  has  arisen  on 
account  of  the  death  of  a  son  who  served  since  said  war  in 
the  Army  or  Navy  of  the  United  States. 

3.  Pensions  of  dependent  parents  are  rated  at  $12  per 
month,  and  rank  in  the  service  shall  not  be  considered  in 
applications  filed  under  this  act. 

4.  The  rules  with  reference  to  proof  of  present  dependence 
of  parents  that  apply  to  claims  under  the  general  law  also 
apply  to  claims  under  this  act. 

5.  The  remarriage  of  a  mother  after  the  death  of  the 
soldier  is  a  bar  to  pension  under  this  act. 

6.  The  words  "other  present  means  of  support,"  as  used 
in  the  first  section  of  the  act  of  June  27,  1890,  are  held  to 
mean  "other  present  means  of  an  adequate  support." 


PRACTICE  OF  THE  PENSION  BUREAU.     117 

The  first  section  of  said  act  permits  the  pensioning  of 
those  who  can  establish  dependence  at  the  date  of  filing 
the  application  instead  of  the  date  of  the  soldier's  death, 
but  the  conditions  attaching  to  dependence  itself  are  not 
changed  by  the  act  of  June  27,  1890. 

7.  When  a  declaration  is  filed  by  dependent  parents 
under  the  general  law  subsequent  to  June  27,  1890,  and 
the  claimant  requests  in  writing  before  final  action  is  taken 
in  said  claim  that  the  said  declaration  be  accepted  as  a 
claim  under  the  act  of  June  27, 1890,  the  case  will  be  adju- 
dicated as  a  claim  under  the  act  of  June  27,  1890,  without 
requiring  a  new  declaration,  and  the  pension  when  allowed 
will  commence  at  date  of  filing  such  declaration. 

GENERAL   INSTRUCTIONS. 

1.  When  a  claim  for  pension  was   allowed  under  the 
practice  prevailing  at  the  time  of  its  allowance,  and  there 
is  no  evidence  of  fraud  or  mistake  of  fact,  such  adjudica- 
tion will  not  afterwards  be  disturbed  for  the  reason  that 
such  practice  has  been  abrogated  or  modified  by  subse- 
quent rulings  or  decisions. 

This  rule  applies  to  questions  of  original  title  to  pension 
and  not  to  the  rate  of  pension. 

If,  however,  in  such  cases,  an  application  is  filed  for 
increase  or  additional  allowance  of  pension  upon  the  same 
basis  as  the  original  allowance  was  made,  such  application 
will  be  rejected  on  the  ground  that  under  existing  rules 
title  to  original  pension  could  not  be  granted  upon  the 
facts  shown,  and  therefore  an  increase  of  pension  or  an 
additional  allowance  on  the  same  basis  is  not  warranted. 

2.  Under  the  provisions  of  the  act  of  December  21, 1893, 
any  pension  heretofore  or  that  may  hereafter  be  granted  to 
any  applicant  under  any  law  of  the  United  States,  shall  be 
deemed  to  be  a  vested  right  in  the  grantee  to  that  extent 
that  payment  thereof  shall  not  be  withheld  or  suspended 
until,  after  due  notice  to  the  grantee  of  not  less  than  thirty 
days,  the  Commissioner,  after  hearing  all  the  evidence, 
shall  decide  to  annul,  vacate,  modify,  and  set  aside  the 


118  PRACTICE    OF    THE    PENSION    BUREAU. 

decision  upon  which  such  pension  was  granted.  Such 
notice  to  grantee  must  contain  a  full  and  true  statement 
of  any  charges  or  allegations  upon  which  such  decision 
granting  such  pension  shall  be  sought  to  be  in  any  manner 
disturbed  or  modified. 

All  cases  in  which  these  questions  arise  are  to  be  deter 
mined  by  the  chief  of  the  Board  of  Eeview  or  by  the 
medical  referee,  as  the  case  may  be,  and  where  it  is  pro- 
posed to  drop  or  reduce  a  pension,  great  care  should  be 
exercised  in  the  consideration  of  the  evidence  furnished 
tending  to  show  absence  of  title  to  pension  or  that  the 
rate  of  pension  now  paid  is  excessive,  and  in  all  cases  the 
notice  to  the  pensioner  should  be  a  "  full  and  true  state- 
ment" of  the  facts  upon  which  such  action  is  based. 

When  rebutting  evidence  is  filed  by  the  pensioner  it 
should  be  given  full  and  fair  consideration  before  final 
action  is  taken. 

3.  Pension  paid  in  consequence  of  fraud  on  the  part  of 
the  pensioner  or  of  a  mistake  of  fact  in  the  adjudication 
of  the  claim  may  be  recovered  by  withholding  accruing 
pension;  but  there  can  be  no  recovery  where  the  pension 
was  paid  in  consequence  of  an  erroneous  judgment  merely, 
all  the  facts  being  in  evidence,  and  the  law  being  capable 
of  construction.  In  the  application  of  this  rule  overpay- 
ments under  the  general  law,  or  payments  made  in  conse- 
quence of  fraud  or  of  a  mistake  of  fact  in  a  general  law 
claim,  may  be  recovered  by  withholding  the  pension  that 
is  granted  under  the  act  of  June  27, 1890. 

Where  a  material  fact  which  would  have  defeated  the 
allowance  of  a  claim  for  pension  under  the  general  law  was 
concealed  by  the  claimant  in  the  prosecution  of  his  or  her 
claim,  such  concealment  by  claimant  amounted  to  fraud, 
and  justifies  recovery  of  the  amount  paid  under  the  gen- 
eral law  from  the  pension  subsequently  allowed  under  the 
act  of  June  27, 1890. 

Where  a  clerical  error  has  been  made  as  to  the  rate  to 
which  a  pensioner  has  been  adjudged  entitled,  or  as  to  the 


PRACTICE  OF  THE  PENSION  BUREAU.     119 

date  of  commencement  of  pension,  further  payment  should 
be  withheld  until  the  Government  is  reimbursed  for  such 
overpayment.  In  such  cases  the  notice  to  pensioner 
required  by  the  act  of  December  21,  1893,  of  such  action 
should  explain  clearly  and  fully  wherein  the  former  action 
was  an  error. 

ACCRUED   PENSION. 

1.  The  act  of  March  2,  1895,  which  is  the  only  law  rela- 
tive to  the  payment  of  accrued  pension  now  in  force,  pro- 
vides that  from  and  after  September  28,  1892,  the  accrued 
pension  to  the  date  of  the  death  of  any  pensioner,  or  of 
any  person  entitled  to  a  pension  having  an  application 
therefor  pending,  and  whether  a  certificate  therefor  shall 
issue  prior  or  subsequent  to  the  death  of  such  person, 
shall,  in  the  case  of  a  person  pensioned  or  applying  for 
pension  on  account  of  his  disabilities  or  service,  be  paid, 
first,  to  his  widow ;  second,  if  there  is  no  widow,  to  his 
child  or  children  under  the  age  of  16  years  at  his  death ; 
third,  in  case  of  a  widow,  to  her  minor  children  under  the 
age  of  16  years  at  her  death. 

Such  accrued  pension  shall  not  be  considered  a  part  of 
the  assets  of  the  estate  of  such  deceased  person,  nor  be 
liable  for  the  payment  of  debts  of  said  estate  in  any  case 
whatsoever,  but  shall  inure  to  the  sole  and  exclusive  bene- 
fit of  the  widow  or  children.  And  if  no  widow  or  child 
survive  such  pensioner,  and  in  the  case  of  his  last  surviv- 
ing child  who  was  such  minor  at  his  death,  and  in  case  of 
a  dependent  mother,  father,  sister,  or  brother,  no  payment 
whatsoever  of  their  accrued  pension  shall  be  made  or 
allowed  except  so  much  as  may  be  necessary  to  reimburse 
the  person  who  bore  the  expense  of  their  last  sickness  and 
burial,  if  they  did  not  leave  sufficient  assets  to  meet  such 
expense. 

2.  The  effect  of  this  act  was  to  nullify  the  Departmental 
ruling  of  September  28,  1892,  which  restricted  the  applica- 
tion of  section  4718,  Eevised  Statutes,  to  invalid  pensioners 


120     PRACTICE  OF  THE  PENSION  BUREAU. 

and  applicants;  the  intent  of  the  act  being  to  leave  all 
adjustments  and  payments  of  accrued  pension  made  prior 
to  September  28, 1892,  undisturbed,  but  to  establish  a  new 
rule  to  govern  all  adjustments  and  payments  of  such  pen- 
sion after  that  date.  It  makes  no  difference  when  the 
claim  was  filed  or  when  the  applicant  for  pension  died. 
The  only  question  is  when  was  the  claim  adjudicated.  If 
prior  to  September  28,  1892,  then  the  law  governing  was 
section  4718,  Eevised  Statutes;  if  subsequent  to  September 
28,  1892,  then  the  law  governing  was  the  act  of  March  2, 
1895.  (Vol.  8,  p.  439,  Secretary's  Decisions.) 

3.  The  provision  in  said  act  that  in  case  of  a  widow,  the 
accrued  pension  shall  be  paid  to  her  minor  children  under 
16  years  at  her  death,  is  held  to  refer  only  to  her  children 
by  the  soldier. 

4.  Under  this  act  no  accrued  pension  will  be  paid  in  the 
case  of  the  last  surviving  child  of  soldier  who  was  such 
minor  at  his  death,  and  in  the  case  of  a  dependent  mother, 
father,  sister,  or  brother,  unless  such  person  did  not  leave 
sufficient  assets  to  meet  the  expense  of  his  or  her  last  sick- 
ness and  burial,  in  which  case  only  so  much  as  may  be 
necessary  to  reimburse  the  person  who  bore  such  expense 
will  be  allowed. 

All  claims  for  reimbursement  on  such  account  are  settled 
by  the  Auditor  for  the  Interior  Department. 

5.  The  act  provides  that  the  mailing  of  a  pension  check, 
drawn  by  a  pension  agent  in  payment  of  a  pension  due,  to 
the  address  of  a  pensioner  shall  constitute  payment  in  the 
event  of  the  death  of  a  pensioner  subsequent  to  the  execu- 
tion of  the  voucher. 

All  such  checks  must  be  forwarded  to  the  Auditor  for 
the  Interior  Department  for  investigation  and  proper  action, 
accompanied  by  the  necessary  evidence  to  establish  the 
right  of  the  person  claiming  payment  to  receive  payment 
therefor.  Such  checks  can  be  paid  upon  indorsement  of  the 
administrator  or  executor  of  the  payee's  estate,  or  if  the 
amount  is  less  than  $100  payment  can  be  made  to  the 


PRACTICE  OF  THE  PENSION  BUREAU.     121 

immediate  beneficiaries  without  intervention  of  an  adminis- 
trator or  executor.  These  questions,  however,  are  settled 
by  the  Auditor  for  the  Interior  Department,  and  this  Bureau 
has  no  jurisdiction  in  the  matter. 

6.  Where  a  soldier's  claim  for  pension  was  rejected,  and 
he  filed  material  evidence  going  to  the  cause  of  rejection, 
prior  to  his  death,  his  claim  may  be  reopened  after  his 
death  and  prosecuted  by  or  in  behalf  of  the  widow  or 
children. 

The  widow  has  a  right  to  appeal  from  the  rejection  of 
her  late  husband's  claim,  though  the  claim  was  rejected 
during  the  soldier's  lifetime,  and  there  is  no  limit  as  to  the 
time  when  such  appeal  may  be  entered.  (Decision  of  Secre- 
tary in  Hughes  case,  current  series,  No.  71.) 

7.  When  the  claim  of  a  soldier  for  pension  or  increase  of 
pension  was  rejected  during  his  life,  and  he  died  so  soon 
thereafter  that  he  had  no  opportunity  to  ask  for  a  recon- 
sideration or  file  new  evidence,  the  claim  may  be  reopened 
after  his  death  and  prosecuted  by  or  on  behalf  of  his  \vidow 
or  children. 

8.  When  a  soldier's  claim  for  pension  stands  rejected  at 
the  time  of  his  death  on  the  ground  that  the  records  of  the 
War  Department  show  a  certain  fact,  upon  which  alone 
rejection  is  based,  which  is  subsequently  determined  by 
that  Department  to  have  been  erroneous,  and  is  corrected 
accordingly,  such  claim  will  be  considered   as  pending 
within  the  meaning  of  the  act  of  March  2,  1895. 

REOPENING  REJECTED  CLAIMS. 

1.  No  claim  rejected  on  grounds  tenable  under  existing 
laws  and  practice,  will  be  reopened  except  upon  new  and 
material  evidence  going  to  the  cause  of  rejection.  In  all 
cases  where  evidence  is  filed  for  the  reopening  of  claims  a 
brief  statement  of  all  material  facts  will  be  prepared  by 
the  examiner  for  the  consideration  of  the  chief  of  division, 
and  the  claimant  shall  be  informed  by  letter  of  the  action 
of  the  Bureau. 


122     PRACTICE  OF  THE  PENSION  BUREAU. 

2.  When   a  claim    has  been    specially  examined    and 
rejected,  and  rebutting  evidence  has  been  filed  by  the 
claimant,  favorable  action  should  not  be  taken  without  a 
cross-examination  of  the  witnesses  giving  the  rebutting 
evidence. 

3.  Applications  for  the  reopening  of  increase  claims  and 
the  filing  of  evidence  thereunder  should  be  limited  to 
ninety  days  after  the  date  of  mailing  the  letter  of  rejec- 
tion. 

If  the  application,  with  evidence,  in  such  cases  is  not 
made  within  the  ninety  days  as  aforesaid,  the  rejection  will 
be  considered  final. 

TABLE  OF  RATES  AND  RULES  FOR  RATING. 

The  following  tables  show  the  rates  fixed  by  law  for 
"total"  and  il specific"  disabilities,  and  the  rates  fixed  by 
this  Bureau  for  certain  disabilities  not  specified  by  law : 

RATES  FIXED  BY  LAW  FOR  TOTAL  DISABILITY. 

ARMY. 

Per  month. 

Lieutenant-colonel  and  all  officers  of  higher  rank $30 

Major,  surgeon,  and  paymaster 25 

Captain,  provost-marshal,  and  chaplain 20 

First  lieutenant,  assistant  surgeon,  contract  surgeon,  and  deputy 

provost-marshal 17 

Second  lieutenant,  and  enrolling  officer 15 

All  enlisted  men 8 

NAVY  AND   MARINE   CORPS. 

Captain  and  all  officers  of  higher  rank  in  the  Navy,  commander, 
lieutenant-commander,  lieutenant  commanding  and  master  com- 
manding, surgeon,  paymaster,  and  chief  engineer,  respectively 
ranking  with  commander  by  law;  lieutenant-colonel  and  all 
officers  of  higher  rank  in  Marine  Corps $30 

Lieutenant,  surgeon,  paymaster,  and  chief  engineer,  respectively 
ranking  with  lieutenant  by  law,  and  passed  assistant  surgeon 
in  the  naval  service,  and  major  in  the  Marine  Corps 25 

Professor  of  mathematics,  master,  assistant  surgeon,  assistant 
paymaster  and  chaplain  in  the  naval  service,  aud  captain  in  the 
Marine  Corps 20 


PRACTICE    OF    THE    PENSION    BUREAU. 


123 


Per  month. 

First  lieutenant  in  Marine  Corps $17 

First  assistant  engineer,  ensign,  and  pilot  in  the  naval  service, 
and  second  lieutenant  in  Marine  Corps 15 

Cadet  midshipman,  passed  midshipman,  midshipman,  clerks  of 
admirals  and  paymasters  and  other  officers  commanding  vessels, 
secoud  and  third  assistant  engineers,  master's  mate  and  all  war- 
rant officers  in  the  naval  service 10 

All  enlisted  men,  except  warrant  officers 8 


Hates  and  disabilities 
specified  by  law. 

1 

in 
§ 

i 

=6 

1 

15 

3 

oo 

S' 

CC 

i 

§ 

i 

CC 

no 

3 

r^~ 

1 

1 

1 

From  July  ^ 

h 

• 

a 

|  From  June 

s 
0 

H7. 

$31* 

311 
31i 

31i 
31  i 
31i 

From  June 

|  From  Feb.  2 

^^  |  From  June 

From  Mar.  [ 

\ 

From  Mar.  C 

te 
p 

-4 

I 

&H 

|  From  Aug. 

From  Feb.  1 

From  Mar.  4 

Act  of  July 

Loss  of  both  hands  
Loss  of  sight  of  both  eyes.- 
Loss  of  both  feet  

$25 
25 
28 

$50 
50 
50 

50 
50 

,, 

$100 

7° 

Loss  of  sight  of  one  eye, 
the    sight  of    the  other 

$25 
25 
25 

7° 

Total    disability    in    both 

7° 

Regular  aid  and  attendance 
(first  grade)  

Periodical  aid  and  attend- 

... 

72 

.... 

... 

... 

.... 

$72 

(*) 

t$50 

Loss  of  a  leg  at  hip  joint 

15 

15 

15 
15 

24 
18 

18 

24 
•M 

24 
24 

$374 

$30 
30 
SO 

$37£ 

$45 
45 

36 
?fi 

... 

.... 

... 

Loss  of  an  arm  at  shoulder 
joint 

Loss  of  an  arm  at  or  above 
elbow,  or  a  leg  at  or  above 
knee  

... 

.... 

Loss  of  a  leg  above  the  knee 
causing  inability  to  wear 
an  artificial  limb 

Loss  of  one  hand  and  one 
foot 

.*2f> 

$^fi 

Total  disability  in  one  arm 
or  one  leg 

15 

20 
20 
li 

18 

24 

3H 
18 

9I 

Ifi 

Total  disability  in  one  hand 
and  one  foot 

"ifi 

Loss  of  a  hand  or  a  foot 

Ol 

30 

Total  disability  in  one  hand 
or  one  foot 

15 

20 

18 
24 

n 

°l 

?0 

Incapacity  to  perform  man- 
ual labor 

30 

Total  deafness 

$'W 

Disability  equivalent  to  the 

1") 

IS 

°i 

*  Seventy-two  dollars  from  June  17, 1878,  only  where  the  rate  was  $50  under  the  act 
of  June  18, 1874,  and  granted  prior  to  June  16, 1880.  First  grade  proper  is  $50,  amended 
by  act  of  March  4, 1890,  which  increases  rate  to  $72. 

tFrom  date  of  medical  examination  held  after  July  14, 1892. 


124     PRACTICE  OF  THE  PENSION  BUREAU. 

Table  of  rales  fixed  by  the  Commissioner  of  Pensions  for  ctrtain  disabil- 
ities not  specified  by  law. 

Per  month. 

Anchylosis  of  shoulder 

18 

Anchylosis  of  elbow 

18 

Anchylosis  of  knee ? 

18 

Anchylosis  of  ankle J 

18 

Anchylosis  of  wrist JL 

Loss  of  sight  of  one  eye 1? 

Loss  of  one  eye - 

Nearly  total  deafness  of  one  ear - 

Total  deafness  of  one  ear 

Slight  deafness  of  both  ears 

Severe  deafness  of  one  ear  and  slight  of  the  other 


10 
80 
8 

30 
10 

30 

Xearly  total  deafness  of  one  ear  and  slight  of  the  other rr 

Total  deafness  of  one  ear  and  slight  of  the  other _ 


Severe  deafness  of  both  ears. 


Total  deafness  of  one  ear  and  severe  of  the  other. . . 


Deafness  of  both  ears  existing  in  a  degree  nearly  total — 

Loss  of  palm  of  hand  and  all  the  fingers,  the  thumb  remaining - 

18 
1  ?* 

Loss  of  thumb,  index,  middle,  and  ring  fingers - 

18 

Loss  of  thumb,  index,  and  middle  fingers - 

18 

Loss  of  thumb  and  index  finger 

18 

Loss  of  thumb  and  little  finger - 

18 

Loss  of  thumb,  index  and  little  fingers - 

18 

Loss  of  th  umb 

18 

Loss  of  thumb  and  metacarpal  bone - 

18 

Loss  of  all  the  fingers,  thumb  and  palm  remaining 

18 

Loss  of  index,  middle,  and  rin    fingers - 

18 


PRACTICE  OF  THE  PENSION  BUREAU.     125 

Table  of  rates  fixed  by  the  Commissioner  of  Pensions  for  certain  disabil- 
ities not  specified  by  law  —  Continued. 

Per  month. 

Loss  of  middle,  ring,  and  little  fingers  ...............  .  ...........................    II 

Loss  of  index  and  middle  fingers  ................................................     _ 

Loss  of  little  and  middle  fingers 


Loss  of  little  and  ring  fingers  ...................................................     J 

18 

Loss  of  ring  and  middle  fingers  ..................................................     J 

18 

Loss  of  index  and  little  fingers  ..................................................      ' 

18 

Loss  of  index  finger  .............................................................     — 

Q 

Loss  of  any  other  finger  without  complications  .................................. 

Loss  of  all  the  toes  of  one  foot  ..................................................    I 

18 

Loss  of  great,  second,  and  third  toes  .............................................     - 

18 

Loss  of  great  toe  and  metatarsal  .................................................  -8 

Loss  of  great  and  second  toes  ....................................................  ' 

18 

Loss  of  great  toe  ................................................................     - 

18 

Loss  of  any  other  toe  and  metatarsal  ............................................     - 

18 

Loss  of  any  other  toe  ............................................................     ~ 

18 

Cliopart's  amputation  of  foot,  with  good  results  ................................. 

Pirogoff's  modification  of  Syme's  ................................................     - 

lo 

Small  varicocele  .................................................................     -5 

lo 

Well-marked  varicocele  ..........................................................     — 

Inguinal  hernia,  which  passes  through  the  external  ring  ........................     r 

lo 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring  .................     ^ 

lo 


Double  inguinal  hernia,  each  of  which  passes  through  the  external  ring 

Double  inguinal  hernia,  one  of  which  passes  through  the  external  ring  and  the 
other  does  not  .................................................................. 

Double  inguinal  hernia,  neither  of  which  passes  through  the  external  ring  ......     r— 

lo 

Femoral  hernia  .  .  .     L° 

18 

Under  the  provisions  of  section  4699,  Revised  Statutes, 
and  act  of  March  3,  1883,  the  rate  of  $18  per  month  may 


126     PRACTICE  OF  THE  PENSION  BUREAU. 

be  proportionately  divided  for  any  degree  of  disability 
established  for  which  section  4695  makes  no  provision. 

The  rates  for  all  other  disabilities  not  mentioned  in  the 
foregoing  tables  are  fixed  upon  the  evidence  and  medi- 
cal examinations  in  the  claim  on  the  basis  of  disability  for 
the  performance  of  manual  labor  and  range  from  six- 
eighteenths  to  seventeen-eighteenths,  according  to  the 
degree  of  disability  shown.  When  a  disability  is  shown  in 
excess  of  seventeen-eighteenths  and  equivalent  to  the  loss 
of  a  hand  or  a  foot,  the  rate  is  $24  (third  grade) ;  but  if  the 
disability  is  not  equivalent  to  the  loss  of  a  hand  or  a  foot, 
even  if  it  is  in  excess  of  seventeen-eighteenths,  no  higher 
rate  can  be  allowed,  as  no  intermediate  rate  exists. 

The  class  of  disabilities  which  are  rated  under  the  above- 
stated  rule  are  all  wounds,  injuries,  and  diseases  which,  do 
not  fall  under  the  designation  of  specific  disabilities  and 
which  constitute  a  disability  for  the  performance  of  manual 
labor. 

The  second  section  of  the  act  of  June  27,  1890,  grants 
pension  for  mental  and  physical  disabilities  of  a  permanent 
character  not  the  result  of  vicious  habits,  which  cause 
incapacity  for  the  performance  of  manual  labor  in  such  a 
degree  as  to  render  the  claimant  unable  to  earn  a  support. 

A  total  disability  to  earn  a  support  is  rated  at  $12  per 
month,  and  this  embraces  all  wounds,  injuries,  and  diseases 
of  whatever  character,  and  without  regard  to  the  time 
when  and  how  they  were  incurred,  if  permanent  and  not 
caused  by  vicious  habits. 

The  rates  under  this  act  are  to  be  graded  between  sub- 
stantial impairment  of  ability  to  earn  a  support  by  manual 
labor  entitling  to  minimum  ($6)  rating  and  inability  to  earn 
practically  any  support  whatever,  thereby  entitling  to  the 
maximum  rating  ($12). 

H.  CLAY  EVANS, 
Commissioner  of  Pensions. 

Approved : 

C.  K.  BLISS, 

Secretary. 


INDEX. 


Abandonment :  Page. 

Minors  by  widow 57,  67 

Mother  by  father 73 

Accidental  wounds,  proof  in 20,  21 

Accrued  pension : 

Act  of  March  2,  1895 119 

Invalid  claims,  widows'  title  in 57,  58 

Act  of  March  2,  1895 : 

Accrued  pension 119 

Reimbursement 120 

Act  of  March  6,  1896: 

Declarations,  how  to  be  treated 102 

Invalid  claims,  date  of  commencement  under 97 

Act  of  March  13,  1896: 

Presumption  of  death 109 

Act  of  June  27,  1890 : 

"Additional"  invalid  claims,  definition  of 93 

Additional  pension  under 102 

Briefing  invalid  claims  under 104, 105 

Declarations,  dependent  parents 117 

Declarations,  disabilities  alleged  in  prior,  need  not  be  re- 
alleged  in  subsequent 102, 103 

Declarations  in  invalid  claims,  under 94 

Declarations,  widows'  claims 107 

Dependent  mother,  remarriage  of,  bar  to  pension 116 

Dependent  parents 115 

Disloyalty,  bar  to  pension  under 100 

Commencement  in  cases  of  hernia  or  loss  of  sight  of  one  eye        97 

Commencement,  date  of,  under  act  of  March  6, 1896 97 

Evidence  as  to  dependent  parents 116 

Honorable  discharge 100, 108 

Increase  claims,  action  by  Board  of  Revision 103 

I                    Invalid  claims,  age  as  affecting  rate  in 96 
Invalid  claim,  " obesity"  need  not  be  alleged 98 
127 


128  INDEX. 

Act  of  June  27, 1890— Continued.  Page. 

Invalid  claims,  title  under 93 

Legal  review  of  invalid  claims 105 

Marriage,  section  4705,  Revised  Statutes,  does  not  apply. ..       109 
Medical  examination,  new,  when  same  may  be  ordered  in  a 

rejected  invalid  claim 96,  97 

Medical  review  of  invalid  claims 105 

Minors 111,112 

Minors,  date  of  commencement 112 

Minors,  declarations  of 112 

Minors,  insane,  idiotic,  or  otherwise  permanently  helpless. .     113, 

114, 115 

Pensionable  service,  what  constitutes 99, 100, 101 

"  Original "  invalid  claims,  definition  of 93 

Rank,  not  considered  in  claims  under 94 

Reissue,  disposition  to  be  made  of  claim  under 104 

Restoration,  renewal,  and  reissue,  declarations  for 103, 104 

Results,  allegations  for  certain  disabilities,  to  cover  results 

therefrom 96 

Revenue  Marine,  when  entitled  for  service  in 101 

Vicious  habits,  evidence  as  to 98 

Widows,  dependence 110,  111 

Widows,  evidence,  requirements  as  to 107, 108 

Act  of  December  21, 1893 ;  vested  right 117 

Additional  pension ;  act  of  June  27,  1890,  claims  for 102 

Adjutant-General,  calls  for  service  in  Regular  Army  to  be  made 

on 83 

Adulterous  cohabitation  forfeits  title  of  widow 56 

Adverse  records : 

Reports  of  War  Department,  when  so  considered 50, 51 

What  constitutes 48 

Age ;  act  of  June  27, 1890,  as  aifectiug  rate  of  pension  in  invalid 

claims 96 

Amendments : 

Declarations,  act  of  June  27,  1890 94 

Declarations,  general  law 10 

Appeal,  widow,  right  to,  in  rejected  invalid  claims 121 

Approval,  form  of,  invalid  claims  under  general  law 25 

Army  nurses 91 

Calls  for  service,  where  made 91,  92 

Evidence  in,  requirements  as  to 92 

Remarriage,  no  bar 92 

Arrears  cases,  evidence  required  in 22 

Births  of  minor  children,  evidence  as  to 60 


INDEX.  129 

Page. 

Board  of  Revision,  act  of  June  27,  1890,  action  by,  disposed  of 

pending  claim  for  increase 103 

Briefing  claims : 

Act  of  June  27,  1890,  invalid,  rules  as  to. 104, 105 

Dependent  relatives,  rules  as  to 77 

Invalid  general  law,  rules  as  to 36,  37 

Invalid  increase,  general  law 41 

Minors',  general  law 65 

Special  examination 82 

Widows',  general  law 61 

Calls : 

Army  nurses,  where  made , 91,  92 

Duplicate 16 

Indian  wars,  for  service  in 90 

Navy  claims,  where  same  should  be  made 83,  84 

Regular  Army,  service  in,  to  be  obtained  from  Adjutant- 
General  83 

War  of  1812,  for  service  therein 89 

Celibacy  of  soldier 70 

Colored  and  Indian  soldiers,  legal  marriage  in  fathers'  claims  to 

be  shown,  section  4705,  Revised  Statutes,  does  not  apply 76 

Colored  claims : 

Dependence  in 75 

Marriage  in 55 

Commencement: 

Act  of  March  6,  1896 97 

Act  of  June  27,  1890,  dependent  parents,  date  of 116 

Act  of  June  27,  1890,  minors,  date  of 112 

Act  of  June  27,  1890,  widows,  date  of 108 

Date  of,  in  widows'  claims,  general  law 59 

Date  of,  when  disability  contracted  prior  to  March  4, 1861.  86 

Dependent  relatives,  claims  of,  general  law 69 

Increase  claims,  act  of  June  27,  1890 101 

Indian  wars,  date  of 90 

Mexican  war,  service  pension,  date  of 91 

Minors'  claims,  general  law,  date  of 66 

Minors,  insane,  idiotic,  or  otherwise  permanently  helpless, 

date  of 114 

Navy  pensions,  date  of 84 

Continuance : 

Evidence  necessary  in  disease  cases 22 

Evidence  as  to,  in  obscure  diseases  not  of  record 29,  30 

19078—9 


130  INDEX. 

Continuance— Continued.  Page, 

Injuries,  evidence  as  to,  \vhen  not  required 34 

Injuries  and  wounds  not  of  record,  when  evidence  not  re- 
quired          36 

Contract  for  support,  dependent  relatives 74 

Contributions  by  soldier,  dependent  relatives,  general  law 73,  74 

Correspondence  with  witnesses 29,  30,  32,  36 

Credibility  of  witnesses 29,  30,  32,  36 

Cities  of  over  20,000 81 

Cross-examination,  witnesses,  cities  of  over  20,000 81 

Declarations : 

Act  of  March  6, 1896,  how  to  be  treated 102 

Act  of  June  27, 1890,  dependent  parents 117 

Act  of  June  27,  1890,  disabilities  alleged  in  prior,  need  not 

be  alleged  in  subsequent 102, 103 

Act  of  June  27, 1890,  invalid  claims,  requirements  as  to 94 

Act  of  June  27. 1890,  minors 112 

Act  of  June  27,  1890,  restoration,  renewal,  and  reissue,  re- 
quirements as  to 103, 104 

Act  of  June  27, 1890,  widows'  claims 107 

Amendments  to,  under  act  of  June  27, 1890 94 

Amendments  to,  general  law 10 

Dependent  brothers  and  sisters 76 

Dependent  fathers,  general  law 75 

Dependent  mothers'  claims,  general  law 69 

Increase  claims,  act  of  June  27, 1890 101, 102 

Increase  claims,  general  law 40 

Invalid  claims,  general  law 9 

Minors',  by  next  friend 67 

Minors',  general  law 63 

Minors',  insane,  idiotic,  or  permanently  helpless 113 

Renewal,  invalid  claims,  necessary 45 

Berating,  requirements  as  to,  in  invalid  claims,  general  law.  46, 47 

Widows',  general  law 52 

Dependence : 

Act  of  June  27,  1890,  widows. 110,  111 

Colored  persons 75 

Mothers,  general  law 70,  71 

Dependent  brothers  and  sisters,  when  entitled 76 

Dependent  fathers 74 

Declaration  of,  general  law 75 

Evidence  necessary,  general  law 75 

Legal  marriage  to  mother  of  soldier,  section  4705,  Revised 
Statutes,  does  not  apply 76 


INDEX.  131 

Dependent  mothers :  Page. 

Abandonment  by  father 73 

Act  of  June  27,  1890,  remarriage  bar  to  pension 116 

Declaration  of,  requirements  as  to 69 

Dependence,  what  constitutes,  in  claims  under  general  law.  70,  71 

Evidence  required,  general  law 70 

Physical  disability  of  father 72 

Dependent  parents : 

Act  of  June  27, 1890 115 

Act  of  June  27,  1890,  declarations  of,  under 117 

Act  of  June  27, 1890,  evidence  as  to 116 

Dependent  relatives : 

Briefing  claims  of 77 

Celibacy  of  soldier 70 

Date  of  commencement  in  claims,  general  law 69 

Claims  of,  general  law 68 

Contract  for  support 74 

Contributions  by  soldier,  general  law 73,  74 

Legal  review 77 

Medical  review 77 

Regular  Army,  rights  of,  service  in 82,  83 

Succession  of  title 69 

Desertion,  no  title  to  pension  for  service  in  war  of  rebellion 

when  record  of  desertion  from  a  service  therein 51 

Diseases : 

Classification  of,  when  not  of  record 26 

Evidence,  requirements  as  to,  when  not  of  record  and  not 

obscure 27,  31,  32 

Not  obscure 27 

Obscure 27 

Origin,  when  established  by  the  record 23 

Record,  established  by 26 

Record  of 22 

Disloyalty : 

Act  of  June  27,  1890,  bar  to  pension  thereunder 100 

Enlistment  in  rebel  army  while  prisoner  of  war 33 

(See  also  under  Loyalty.) 

Divorce : 

Evidence,  requirements  as  to  no 57 

Wife,  divorced,  no  title  on  account  of  divorced  husband. ..  56 

Dropping,  act  of  December  21,  1893 117 

Entries,  j  acket,  by  examiners 16 

Evidence: 

Act  of  June  27, 1890,  dependent  parents,  requirements  as  to.  116 


132  INDEX. 

Evidence — Continued.  Page. 

Act  of  June  27, 1890,  minors,  requirements  as  to 112 

Act  of  June  27,  1890,  requirements  as  to,  in  invalid  claims, 
where  medical  examination  not  held  within  three  months 

from  date  of  filing 95 

Act  of  June  27, 1890,  widows,  as  to  dependence 110,  111 

Arrears  cases,  requirements  as  to 22 

Army  nurses,  requiremen ts  as  to 92 

Births  of  minors,  requirements  as  to 60 

Character  and  amount  required  in  invalid  claims  under 

general  law 12 

Colored  and  Indian  soldiers,  requirements  as  to  marriage  of.         55 

Continuance,  evidence  necessary  in  disease  cases 22 

Dependent  brothers  and  sisters,  requirements  as  to 76 

Dependent  fathers,  requirements  as  to,  general  law 75 

Dependent  mothers,  general  law,  requirements  as  to 70-71 

Diseases  not  of  record,  and  not  obscure,  requirements  in ...       27, 

28,  31,  32 

Diseases  of  record 22 

Divorce,  requirements  as  to  no 57 

Duplicate  calls  for 16 

Hernia,  requirements  as  to,  when  no  record 34 

Injuries  not  of  record,  requirements  as  to 35,  36 

Injuries,  requirements  in  claims  for 34 

Marriage,  requirements  as  to 54,  55 

Mexican  war,  requirements  as  to,  for  service  in 87 

Minors,  general  law,  requirements  as  to 64 

Minors,  insane,  idiotic  or  permanently  helpless,  require- 
ments as  to 114 

Navy  pensions,  requirements  as  to.... 84 

New  disability  claims,  req uirements  as  to 46 

Obscure  diseases,  continuance,  when  not  of  record 29,  30 

Pathological  sequences,  nature  of,  required 31 

Pathological  sequences,  necessary  to  establish 25 

Regular  Army,  requirements  as  to,  on  account  of  service  in.         82 

Renewal  and  restoration,  requirements  as  to 44, 45 

Requirements  as  to,  when  record  adverse 49,  50,  51 

Satisfactory,  definition  of 31 

Secondary,  not  received  unless  highest   class  can  not  be 

furnished  29 

Varicocele,  requirements  as  to,  when  no  record 34 

Verified,  to  be  before  whom 13, 14, 15 

Vicious  habits,  requirements  as  to,  under  act  of  June  27, 1890.         98 
Widows'  claims,  act  of  June  27,  1890 108 


INDEX.  133 

Evidence — Continued.  Page. 

Widows'  claims,  general  law,  requirements  as  to 52,  53,  54 

Wounds  not  of  record,  requirements  as  to 35,  36 

General  instructions 117 

Guardian,  letters  as  to,  minors'  claims 64 

Hernia,  proof  in,  when  no  record 34 

Honorable  discharge,  act  of  June  27,  1890 100, 108 

Increase  claims : 

Act  of  June  27,  1890 101 

Act  of  June  27,  1890,  action  by  Board  of  Revision  disposed 

of  pending 103 

Act  of  June  27,  1890,  commencement,  date  of 101 

Act  of  June  27, 1890,  declarations,  requirements 101, 102 

Declaration  not  to  include  claim  for  rerating 47 

Invalid,  general  law 40 

Medical  evidence  required,  in  claims  for  first  and  second 

grades 41 

Invalid  claims,  new  disability,  general  law 45,  46 

Legal  review  in  invalid  claims,  general  law 42 

Medical  review  in  invalid  claims,  general  laAv 42 

Restoration,  claim  for,  not  accepted  as  increase 44 

Widows',  general  law,  account  of  minor 60 

Indian  and  colored  soldiers,  legal  marriage  in  fathers'  claims  to 

be  shown;  section  4705,  Revised  Statutes,  does  not  apply 76 

Indian  claims,  marriage  in 55 

Indian  Avars -. 89 

Calls  for  service  in 90 

Date  of  commencement  of  pension 90 

Loyalty,  proof  of,  not  require;! 90 

Rate  of  pension 90 

Injuries: 

Claims  for 33 

Definition  of 33 

Evidence  required  to  establish 33 

Evidence  required,  when  not  of  record 35-36 

Insane,  idiotic,  or  permanently  helpless  minors 113, 114, 115 

Invalid  claims: 

Act  of  June  27,  1890 93 

Act  of  June  27,  1890,  age  as  affecting  rate  under 96 

Act  of  June  27,  1890,  allegations  for  certain  disabilities  to 

cover  results  therefrom 96 

"  Additional/'  ant  of  June  27,  1890,  definition  of 93 

Act  of  June  27,  1890,  commencement  of  pension  in  cases  of 
hernia  and  loss  of  sight  of  one  eye 97 


134  INDEX. 

Invalid  claims — Continued.  Page. 
Act  of  June  27,  1890,  commencement  under  act  of  March  6, 

1896 97 

Act  of  June  27,  1890,  medical  examinations  under  general 

law  claim,  prior  to  date  of  filing  thereunder  not  sufficient.  !>."> 
Act  of  June  27,  1890,  new  medical  examination,  when  same 

may  be  ordered  in  rejected  invalid  claim 96-97 

Act  of  June  27,  1890,  "  obesity"  need  not  be  alleged 98 

Act  of  June  27, 1890,  title  under 93 

Act  of  June  27, 1890,  vicious  habits,  evidence  as  to 98 

Declarations,  amendments  to,  under  act  of  June  27,  1890.. .  94 

Declarations  in,  under  act  of  June  27,  1890 94 

Evidence,  act  of  June  27,  1890,  requirements  as  to,  where 
medical  examination  not  held  within  three  months  from 

date  of  filing 95 

General  law,  character  and  amount  of  evidence  required  in .  12 

General  law,  declarations  in 9 

General  law,  facts  necessary  to  establish 10 

"  Original,"  act  of  June  27, 1890,  definition  of 93 

Jacket  entries  by  examiners 16 

Lawful  widow,  remarriage  forfeits  widow's  title  to  future  pen- 
sion    56 

Legal  bar  to  marriage 56 

Legal  review : 

Act  of  June  27,  1890,  invalid  claims 105 

Dependent  relatives 77 

Invalid  claims,  general  law 37,  38 

Invalid  increase,  general  law 42 

Minors'  claims,  general  law 68 

Minors,  insane,  idiotic,  or  permanently  helpless  as  to 115 

New  disability  claims 46 

Eequirements  in  claims  for  special  examination 80 

Restoration,  claims  for 45 

Widows'  claims,  general  law 62 

Limitation: 

Dependent  brothers  and  sisters 76 

Minors' claims,  date  of  filing 67 

Line  of  duty 11 

Loyalty  (see  also  Disloyalty) : 

Indian  wars,  proof  of,  not  required 90 

Mexican  war,  service  pension,  proof  of,  not  required 91 

Service  prior  to  March  4,  1861,  must  be  shown 86 

War  of  1812,  proof  of,  when  required 88 


INDEX.  135 

Marriage :  Pago. 
Act  of  June  27, 1890,  section  4705,  Revised  Statutes,  does  not 

apply 109 

Colored  and  Indian  claims,  proof  of 55 

Dependent  fathers,  legal  marriage  to  mother  of  soldier,  sec- 
tion 4705,  Revised  Statutes,  does  not  apply 76 

Legal  bar  to 56 

Proof  of 54 

Medical  examination : 

Act  of  June  27, 1890,  not  sufficient  under,  when  held  in  gen- 
eral-law claim  prior  to  date  of  filing  under  new  law 95 

Act  of  June  27, 1890,  when  same  may  be  ordered  in  a  rejected 

invalid  claim 96,  97 

Invalid  claims,  general  law 39,  40 

Minors,  insane,  idiotic,  or  permanently  helpless,  order  for  . .  115 
New  examination  to  be  ordered  if  none  had  within  three 

years  prior  to  adjudication  of  claim 40,  96 

Medical  evidence  necessary  in  increase  to  first  or  second  grade 

rate 41 

Medical  review: 

Act  of  June  27,  1890,  invalid  claims 105 

Dependent  relatives 77 

Invalid  claims,  general  law 39,  40 

Invalid  increase,  general  law 42 

Minors'  claims,  general  law 68 

Minors,  insane,  idiotic,  or  permanently  helpless 115 

Requirements  in  claims  for  special  examination 81 

Widows'  claims,  general  law 62 

Mexican  war: 

Dates  of  commencement  and  termination  of 91 

Date  of  commencement,  service  pension 91 

Evidence  required  in  claims  for  service  in 87 

Minors  and  widows,  title  of. 87 

Rates  for  service  pension 91 

Service  pension,  proof  of  loyalty  not  required 91 

Service  pension,  who  entitled 90 

Minors : 

Abandonment  by  widow 57 

Act  of  June  27, 1890 111,112 

Act  of  June  27,  1890,  date  of  commencement 112 

Act  of  June  27,  1890,  declarations  under 112 

Births  of,  evidence  as  to 60 

Briefing  claims  of,  general  law 65 


136  INDEX. 

Minors — Continued.  Page. 

Date  of  commencement,  general  law 66 

Declarations  by  next  friend 67 

Declarations  of,  general  law 63 

Evidence  required,  general  law 64 

Guardian,  letters  as  to 64 

Insane,  idiotic,  or  otherwise  permanently  helpless.. .  113, 114, 115 

Legal  review,  general  law 08 

Legitimacy  of,  when  born  prior  to  marriage  of  soldier  to 

widow 60 

Limitations  as  to  date  of  filing 67 

Medical  review,  general  law 68 

Mexican  war,  title  of 87 

Navy,  title  of  where  service  prior  to  March  4,  1861 86 

Payment  to  be  withheld  for  those  who  are  missing 65 

Rates  in  claims  of 67 

Regular  Army,  rights  of,  service  in 82,  83 

Title  under  general  law 63 

Voucher,  when  paid  on  own 65 

Navy  pensions *3 

Calls  for  service,  where  made 83,  84 

Date  of  commencement 84 

Evidence  required  in 84 

Retired  list,  no  pensionable  status  while  on 83 

Revenue  cutters,  rights  of  officers  and  seamen  of 85 

Ten  and  twenty  years'  service,  pension  for  such  service  to  be 

added  to  pension  granted  by  Bureau 85 

Title  of  minors  and  widows  where  service  prior  to  March  4, 

1861 86 

NeAv  disability: 

General  law 45,  46 

Legal  review  of J6 

'•'Obesity,"  act  of  June  27,  1890,  need  not  be  alleged  in  declara- 
tion under  98 

Obscure  diseases : 

Continuance,  when  not  of  record 29,  30 

Evidence  required  as  to  origin,  when  not  of  record 28 

Obscure  diseases  and  diseases  not  obscure 27 

Officers,  evidence  to  be  certified  before  whom 13,  14.  15 

Origin : 

"Diseases  not  of  record,  requirements  as  to 28 

When  established  upon  the  record 23 

Pathological  sequences 24-30,  31 


INDEX.  137 

Page. 

Pensionable  service,  act  of  June  27, 1890,  what  constitutes.  99, 100, 101 

Permanently  helpless.     (See  Minors,  insane,  etc.) 

Presumption,  prior  soundness 22 

Presumption  of  death,  act  of  March  13,  1896 109 

Prior  soundness : 

Presumption  of 22 

When,  and  when  not  accepted  on  the  record 26 

Prisoners  of  war,  disabilities  contracted  while 32,  33 

Procedure,  course  of: 

Adjudicating-  Division 6 

Appeal  cases 7 

Board  of  Review 7 

Certificate  Division 7 

Mail  Division 6 

Medical  Referee 7 

Record  Division 6 

Proof  (see  Evidence) : 

Diseases,  requirements  as  to  when  not  of  record 28 

Wounds,  accidental,  requirements  as  to 20,  21 

Wounds,  gunshot,  requirements  as  to 18, 19 

Rank : 

Act  of  June  27,  1890,  not  considered  in  claims  under 94 

Rate  determined  by  rank  of  soldier  in  widows'  claims,  gen- 
eral law , 59 

Rate: 

Act  of  June  27,  1890,  dependent  parents 116 

Act  of  June  27,  1890,  minors 112 

Act  of  June  27,  1890,  widows 108 

Determined  by  rank,  in  widows'  claims,  general  law 59 

Indian  wars,  claims  in 90 

Mexican  war,  for  service  in 87 

Mexican  war,  service  pension 91 

Minors' claims 67 

Rates,  table  of 122, 123, 124, 125 

Rating: 

Approved   claims,    original   and  increase,  duties   of  raters 

therein 47 

Rules  as  to 126 

Recovery,  when  pension  paid  by  error 118 

Regular  Army : 

Calls  for  report  of  service  in,  to  be  on  Adjutant-General. ..  83 

Evidence  required  in  claims  on  account  of  service  in 82 


138  INDEX. 

Regular  Army — Continued.  Page. 

Pensions  for  service  therein 82 

Widows,  rights  of,  service  in 82,  83 

Reimbursement,  act  of  March  2,  1895 120 

Rejected  claims,  reopening  of 121, 122 

Remarriage : 

Army  nurses,  no  bar  to  title 92 

Dependent  mother,  bar  to   pension  under  act  of  June  27, 

1890 116 

Widow,  forfeits  title  to  future  pension 56 

Renewal  : 

Declaration  and  evidence  necessary 45 

General  law 44 

Reopening  rejected  claims 121, 122 

Reports,  War  Department 17 

Rerating : 

Declaration  for,  not  to  be  included  in  claim  for  increase ...  47 
Declaration,  requirements  as  to,  in  invalid  claims,  general 

law 46 

Res  adjudicata,  as  applied  to  action  in  pension  claims 117 

Restoration : 

Claim  for,  not  accepted  as  claim  for  increase 44 

Declaration  required  and  evidence  necessary  when  name 

dropped  on  account  of  failure  to  draw  for  three  years  —  44 

General  law 44 

Legal  review  in  claims  for 45 

Restoration,  renewal,  and  reissue 103, 104 

Declaration  for 103,104 

Results,  act  of  June  27,  1890,  allegations  for  certain  disabilities, 

to  cover  results  therefrom 96 

Retired  list,  no  pensionable  status  while  on 83 

Revenue  cutters,  rights  of  officers  and  seamen  of 85 

Revenue  marine,  act  of  June  27,  1890,  when  entitled  for  service 

in 101 

Sequences : 

Evidence  required  to  show  pathological 31 

Pathological,  of  diseases 24 

Service  pensions : 

Indian  wars,  1832  to  1842 89 

,  Mexican  Avar 90 

War  of  1812 88 

Special  examination : 

Chief  object  of 79 

Claims  for,  how  to  be  submitted 79 


INDEX.  139 

Special  examination— Continued.  Ppge.' 
Credibility  and  cross-examination  of  witnesses  in  cities  of 

over  20,000 81 

Disposition  of  claims  after  completion  of . '. 82 

Necessity  for,  determined  by  board  of  review 80 

Preparation  of  cases  for 82 

What  classes  of  claims  to  be  referred  for 78 

Special  examiners,  duties  of 79,  80 

Table  of  rates 122, 123, 124, 125 

Varicocele,  proof  in,  when  no  record 34 

Vested  right,  act  of  December  21,  1893 117 

Vicious  habits,  act  of  June  27,  1890,  evidence  required  as  to. ..  98 

War  Department,  reports  from 17 

War  of  1812 : 

Calls  for  service  therein 89 

Loyalty,  proof  of,  when  required 88 

Who  are  entitled 88 

Widows : 

Abandonment  of  minors  by 57 

Accrued  pension,  title  thereto 57,  58 

Act  of  June  27,  1890,  dependence 110,  111 

Act  of  June  27,'  1890,  evidence,  requirements 107, 108 

Act  of  June  27,  1890,  honorable  discharge  of  soldier,  pre- 
requisite to  pension  thereunder 108 

Act  of  June  27,  1890,  marriage,  section  4705,  Revised  Stat- 
utes, does  not  apply 109 

Adulterous  cohabitation  of,  forfeits  title 56 

Appeal,  right  to,  in  rejected  invalid  claim 121 

Claims  of,  under  general  law 51 

Commencement,  date  of,  general  law 59 

Declarations,  act  of  June  27,  1890 _ 107 

Declarations,  general  law 52 

Evidence  as  to  remarriage  and  divorce 57 

Increase  on  account  of  minors 60 

Legal  review  in  claims  of,  general  law 62 

Medical  review  in  claims  of,  general  law 62 

Mexican  war,  title  of 87 

Navy,  title  of,  where  service  prior  to  March  4,  1861 86 

Presumption  of  death  of  soldier,  act  of  March  13,  1896 109 

Rate  determined  by  rank  of  soldier,  general  law 59 

Regular  Army,  rights  of,  for  service  of  soldier  in 82, 83 

Remarriage  forfeits  title  to  future  pension 56 

War  of  1812,  title  of 88 

Withholding  pension  when  overpayment  through  error 118 


140  INDEX. 

Page. 
Witnesses 13 

Credibility  of,  and  correspondence  with 29,  30,  32,  36 

Credibility  and  cros*s-examination  of,  in  cities  of  over  20,000.         81 
Wounds : 

Accidental 20 

Evidence  required  when  not  of  record . . , 35, 36 

Gunshot,  proof  in 18, 19 


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